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(영문) 대구지방법원 2013.09.26 2013고단3518

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 is a person who has been sentenced to a summary order of KRW 2,500,000 by the Daegu District Court on November 27, 2007, and a fine of KRW 2,500,000 by the Daegu District Court on June 24, 201, and a person who has been sentenced to a summary order of KRW 2,50,000 by the Daegu District Court on June 24, 201.

Criminal facts

On May 28, 2013, at around 21:48, the Defendant driven B New Airport XG motor vehicles with approximately KRW 0.153% alcohol content on a section of about 700 meters from the front to the front road of the Agricultural Technology Institute located in Daegu Northern-gu, Daegu-gu, Seoul-do.

Around 00:40 on July 30, 2013, the Defendant driven a car under the influence of alcohol concentration of about 0.238% without a driver’s license, from the front of a main point where it is impossible to identify the trade name in the Dongcheon-dong, Daegu to the front of the Dongam-ro located in the same Dongam-ro. From approximately 1km section to the Dongam-ro, the Defendant driven a car under the influence of alcohol concentration of about 0.238% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of each accused;

1. A report on detection of each host driver;

1. The circumstantial statement of each host driver;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Pinin-time criminal records: Application of inquiry reports on criminal records, etc. and criminal investigation reports (attached to two copies of indictments and summary orders);

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The punishment of Article 62-2 of the Criminal Act is imposed on probation, community service, and order to attend a compliance driving lecture;