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(영문) 대구지방법원 2013.05.16 2013고단1853

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 30, 2007, the Defendant received a summary order of fine of two million won or more due to a violation of the Road Traffic Act (driving) from the Daegu District Court, on February 28, 2007, a summary order of fine of three million won or more due to a violation of the Road Traffic Act (driving) and on January 10, 201, by the same court, on January 10, 201, a fine of three million won or more due to a violation of the Road Traffic Act (driving).

On January 12, 2013, at around 16:40, the Defendant driven a car with approximately KRW 500 meters section from the Do near the Central Branch of the Agricultural Cooperatives, the Do, the Do in the Dogcheon-si, Seocheon-si, Seoul, to the White Sea Road in the same sidong, without obtaining a driver's license, while under the influence of alcohol 0.158% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry reports and investigation reports (Attachment of judgment);

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 order to attend a compliance driving lecture is that the defendant was punished three times by a fine for the same criminal record, and that the defendant again committed the crime of this case even though he had a record of punishment once suspended the execution of the sentence.

Provided, That the punishment as ordered shall be determined by taking into consideration the following circumstances, such as the fact that the defendant is against the defendant, the fact that the vehicle driven was disposed of, the fact that there is no criminal record of suspended execution or more for the last ten years, and the age, character and conduct

It is so decided as per Disposition for the above reasons.