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(영문) 대구지방법원 경주지원 2014.05.28 2014고단56
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

On January 31, 201, the Defendant issued a summary order of KRW 1 million for a fine of KRW 2 million for a violation of the Road Traffic Act in Daegu District Court and racing support on March 29, 201, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) as well as a summary order of KRW 5 million for the same support on April 22, 2013, respectively.

On January 31, 2014, at around 06:20, the Defendant driven a motor vehicle B with low alcohol level of 0.145% under the influence of alcohol level of 0.145%, without obtaining a driver’s license, from the Seongbuk Agricultural Parking Lot located in Seongdong-dong in the same Si/Gun/Gu, to the roads in front of the non-Korean history in the same Gu/Si/Gun.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the occurrence of a suspected violation of the Road Traffic Act (A), report on the detection of a driver without a license, report on the exposure of a driver with a driver with a driver with a driver's license, report on the circumstances of a driver with a driver with a driver's license, four photographs, copy of a notice of the completion of correction, inquiry into the results of the crackdown on drinking driving, vehicle driving, vehicle driving certificate (A), inquiry by residents, chassis, copy of a resident registration certificate,

1. Previous records of judgment: Application of inquiry reports including criminal records, investigation reports, etc., investigation reports (report on confirmation of the same criminal records), and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 fact that the Defendant has repeatedly driven under drinking (the history of drinking traffic accidents) and the drinking alcohol level is 0.145%.

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