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(영문) 대구지방법원 김천지원 2013.10.17 2013고단995
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 November 12, 2007, the Defendant received a summary order of KRW 700,000 from the Daegu District Court Kimcheon-do to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on April 30, 2013.

【Criminal Facts】

On July 20, 2013, at around 22:04, the Defendant driven a BL car under the influence of alcohol concentration of 0.056% without a driver’s license, on the road before front of the ice ice Dogdong in Guro-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license, report on the circumstances of driving without a license, and inquiry into the results of the regulation of driving without a license;

1. Registers of driver's licenses, details of revocation of driver's licenses, and inquiries into the main office;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind), and application of Acts and subordinate statutes of a copy of summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Du111, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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