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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1596

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 August 23, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act in the resident support of the Daegu District Court, and KRW 5 million as a fine in the Daegu District Court Kimcheon Branch on September 30, 2013, respectively.

【Criminal Facts】

On October 19, 2013, the Defendant: (a) was a person who has driven two times or more, and again, (b) driven a motor vehicle on the three- equipped range in the smooth-dong of Gu, Si, Si, Gu, Si, si, in front of the convenience store, with a blood alcohol concentration of 0.160% without a vehicle driver’s license, and (c) driven a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, the report on the status of operating a motor vehicle under consideration, the report on the status of the motor vehicle under consideration;

1. Registers of driver's licenses, details of disposition for cancellation of driver's licenses, and disqualified meetings of the main office;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 200Du1148, Apr. 21, 2001>

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;