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(영문) 대구지방법원 2013.10.17 2013고단3925
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 August 13, 2011, the Defendant received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act from the Daegu District Court on August 13, 201, and on June 29, 2012, the Daegu District Court received a summary order of five million won or more due to a violation of the Road Traffic Act.

Criminal facts

On June 2, 2013, at around 20:10, the Defendant driven Bone Star Cornex under the influence of alcohol concentration of 0.080%, without a car driver’s license, at approximately 3km section from the downstream market located in Seoyang-si, Seoyang-si, Chungcheongnam-si to the front of the Cheongcheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Report on the circumstances of the driving of a motor vehicle;

1. Disqualifications for licenses;

1. A driver's license inquiry;

1. Previous records: References to criminal records and investigation reports (Attachment to attached records of the same kind of power) shall be applied by 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;

1. The punishment as ordered shall be determined by taking into account all the normal materials revealed in the trial process, such as the fact that the sentence of Article 62-2 of the Criminal Act imposed on the defendant for the reason of sentencing, but there is no criminal record of suspended execution or more, the blood alcohol concentration and driving distance of the defendant;

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