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(영문) 대구지방법원 영덕지원 2015.02.11 2014고단149
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 of the final judgment.

Reasons

Punishment of the crime

On September 25, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Non-licensed Driving) in the Young-gu District Court Young-gu District Court (Seoul District Court) on September 25, 2006; a fine of one million won for the same crime in the same court on July 23, 2008; a fine of three million won for the same crime in the same court on September 16, 2010; and a fine of three million won for the same crime in the same court on January 24, 2014.

Although the Defendant had been punished for the crime of violation of the Road Traffic Act more than twice as above, the Defendant, without obtaining a bicycle driver’s license for a motor device, driven a 100 Oroccin from approximately 3 km meters away from the 3km to the eropic in the south of the same military, under the influence of alcohol level of 0.184% on August 24, 2014, on the condition of under the influence of alcohol level of 00:55.

Summary of Evidence

1. Defendant's legal statement;

1. Two copies of the report on the circumstantial statement of a driver, the ledger of driver's licenses (non-licenses), the management inquiry into the fact-finding report, the investigation report (with respect to the number and unregistered registration of the suspect's operation), and the vehicle inquiry;

1. Previous convictions indicated in judgment: Application of the inquiry inquiry report and investigation report (a) and statutes, including criminal records;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrences and selective punishment (limited to punishment imposed on a person who violates the Road Traffic Act, heavier than punishment, and choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the object of sound driving is less dangerous than a motor vehicle, the distance of driving is not clear, the confession of a crime and the late pening of a motor vehicle);

1. Suspension of execution is repeated for reasons for discretionary mitigation under Article 62(1) of the Criminal Act;

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