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(영문) 대구지방법원 2014.11.13 2014고단3293

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

In Daegu District Court on August 22, 2013, the Defendant issued a summary order of a fine of four million won or more for a violation of the Road Traffic Act on August 22, 2013, and a summary order of 2.5 million won or more for the same crime on November 22, 2007.

On May 13, 2014, the Defendant driven Ccoon in the state of alcohol 0.113% of blood alcohol concentration 0.13% in front of a restaurant in which the trade name in the Gyeongsan-dong is unknown without obtaining a driver’s license at around 22:40 on May 13, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Reports on the state of the state of the driving of a motor vehicle and reports on the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and order to attend lectures is that the Defendant was punished several times for drinking driving, driving without license, and again committed the instant crime while the license was revoked. However, the Defendant’s mistake is divided and reflected, and the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. are considered as a whole, and all the sentencing conditions in the instant case are determined as ordered.