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(영문) 대구지방법원 2015.07.23 2015고단2064
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

On September 17, 2007, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine at the Daegu District Court on April 11, 2014.

On May 13, 2015, the Defendant, while under the influence of alcohol content of 0.144% without a driver’s license, driven the DN vehicle owned by C up to the road front of the Daegu City Hospital in Daegu-gu, Daegu-dong, 1329-6 Gabbbbol, without a driver’s license on 03:00.14%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The ledger of driver's licenses;

1. Previous records: The application of criminal records, inquiry 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 (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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