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(영문) 대구지방법원 2015.08.13 2015고단2623

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 25, 2009, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Daegu District Court. On October 29, 2010, the Defendant issued a summary order of KRW 2 million for the same crime in the Changwon District Court’s Chang Branch Branch, and on October 31, 2014, issued a summary order of KRW 4 million for the same crime at the Daegu District Court.

【Criminal Facts】

On May 24, 2015, at around 11:20, the Defendant driven a vehicle with approximately KRW 1 km Bppppppon in the same Dong from the parking lot of the 3rd Geum-gu Geum-dong located in the Daegu Geum-gu Seodong with a blood alcohol content of 0.105% without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. and the application of each summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1)

1. Order to attend lectures or order to provide community service under Article 62-2 (1) of the Criminal Act;