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(영문) 대구지방법원 2013.09.05 2013고단4304
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 January 10, 2007, the Defendant issued a summary order of KRW 1,50,000 by the Daegu District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 2,50,000,000 as a fine for the same crime in the same court on January 5, 2010, and a summary order of KRW 4 million by the same court on January 13, 201.

Criminal facts

On June 26, 2013, the Defendant, at around 22:05, driven a B car from the 1km section to the roads front of the Daegu National Science University located in Chungcheongnam-dong, Daegu Metropolitan City with a blood alcohol content of 0.095% under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Before ruling: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) 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;

1. The punishment as ordered shall be determined by taking into consideration all the normal data revealed in the trial process, such as the fact that the defendant was not guilty of suspension of execution or more, although the punishment of the defendant was imposed on the grounds of sentencing in Article 62-2 of the Criminal Act of the community service and compliance driving order, the blood alcohol concentration, driving distance, the age, occupation, family relationship, etc.

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