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(영문) 대구지방법원 2015.10.08 2015고단3649
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 September 26, 2006, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 26, 2006 and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the same court on February 26, 2010.

【Criminal Facts】

On March 19, 2015, at around 16:40, the Defendant, without a car driver’s license, driven C Costa vehicle owned by himself/herself up to 0.184 percent of blood alcohol concentration without a car driving license, from the Youngcheon-ro 13 Troro 13 Troro ice parking lot, up to the front day of the Young-dong 23-5, 23-5, 30 kilometers.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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 (see, e.g., Article 62 (1) of the Criminal Act);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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