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(영문) 대구지방법원 2015.09.10 2015고단3650

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

On January 2, 2009, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and KRW 5 million as a fine at the Daegu District Court on September 12, 2013.

On July 21, 2015, at around 20:30, the Defendant was under the influence of alcohol content of 0.089% without a car driver’s license, and the Defendant driven d SM5 vehicle owned by himself from the front side of the Defendant’s house located in Gyeonggro-gun, Gyeongbuk-gun, to the front side of the dM5 vehicle located in the center of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (report accompanied by the previous and summary order);

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 (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;