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(영문) 대구지방법원 경주지원 2015.02.04 2014고단903

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 March 27, 2014, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on March 27, 2014, and a fine of KRW 1 million due to the same crime at the same court on December 2, 2013.

On October 5, 2014, at around 16:00, the Defendant operated a B Eccoo vehicle with approximately 200 meters alcohol concentration 0.121% under the influence of alcohol without a vehicle driver’s license from the front side of the 106-dong parking lot, Ecoo vehicle, Scoo vehicle, Scoo vehicle, from around 106-dong parking lot, to the front side of the same scke.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Nine copies of a report on occurrence, a circumstantial report on a drinking driver, a notification of the results of the regulation of drinking driving, a ledger of driver's licenses, and a result of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of suspect drinking records at least twice) and copies of each summary order shall be applied;

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. Order to attend lectures under Article 62-2 of the Criminal Act;