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(영문) 대구지방법원 상주지원 2014.05.13 2014고단116
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 January 24, 2007, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court. On April 27, 2012, the Defendant was sentenced to a suspended sentence of 1 year for the same crime.

【Criminal Facts】

On March 28, 2014, at around 19:45, the Defendant, at the time of stay, driven a D ready-light car with a alcohol level of about 500 meters, without obtaining a driver's license at approximately 500 meters from the front of the Defendant's house located in C to the entrance of middle-dong, middle-dong, east 2-dong, while under the influence of alcohol level of about 0.216%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of investigation reports (report attached to judgments), criminal records, and other Acts and subordinate statutes after inquiry;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant is divided into a truth-finding and that the detention of the defendant is accompanied by excessive difficulty for his dependants);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;

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