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(영문) 대구지방법원 2013.06.20 2013고단2673

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 5 million on January 13, 201 to a fine of KRW 5 million for a violation of the Road Traffic Act at the port support of the Daegu District Court on January 13, 201, and a person who has been sentenced to a summary order of KRW 5 million on January 31, 2013 to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon branch on January 31, 201.

Criminal facts

On March 23, 2013, at around 02:43, the Defendant driven a CDap car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.09% from the 50-meter section of the GS25:0 to the front road of the GS25: convenience store located in the GS25: Do, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A previous conviction: An inquiry report, an investigation report (Attachment of a summary order), and application of each summary order 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 grounds for sentencing under Article 62-2 of the Criminal Act for community service and law-abiding lecture are heavy in light of the fact that the defendant committed a second offense despite his previous convictions even though he had the same criminal records. However, it is true that the defendant's serious reflects and does not reach a second offense, and the defendant's circumstances revealed in the trial process such as the circumstances leading to his driving, driving distance, the defendant's age, occupation, family relation, etc. shall be determined as the same as the order.