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(영문) 대구지방법원 2013.12.05 2013고단5748
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

Criminal power is a person who has been sentenced to a summary order of a fine of one million won at the Daegu District Court on November 6, 2012 by committing a violation of the Road Traffic Act, and a person who has been sentenced to a summary order of a fine of four million won at the Daegu District Court on January 28, 2013 by committing a violation of the Road Traffic Act at least twice.

Criminal facts

On September 14, 2013, the Defendant, without obtaining a driver’s license at around 05:43 on September 14, 2013, driven a B car at approximately 1.5 km in front of the community credit cooperatives located in the Simcheon-si in Yongcheon-si, in the state of drunk alcohol concentration of 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Statement on circumstantial statements of a driver of the driving school;

1. A report on detection of a host driver;

1. A driver's license inquiry;

1. Previous for judgment: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a copy of summary order of the relevant case);

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. Although the criminal liability of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is minor, the punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the defendant's age, occupation, blood alcohol concentration and quantity of alcohol, and past criminal punishment, although the defendant has no criminal record of probation or higher;

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