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(영문) 대구지방법원 2013.06.13 2013고단2786
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 fine of one million won for a violation of the Road Traffic Act on October 8, 2008, a fine of two million won for the same crime on July 14, 201, and a fine of three million won for the same crime on November 22, 201.

Criminal facts

On March 25, 2013. 21:10, in the case of Gyeongsan City without a driver's license, approximately one kilometer section from the road located in the Corporation to the front route of the Gyeongbuk High School located in the same Ri, while under the influence of alcohol of about 0.094% of blood alcohol content, B Costasch car was driven.

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. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Disqualifications;

1. Previous for judgment: Application of Acts and subordinate statutes of criminal history records, inquiry reports and investigation reports (a copy of summary order attached);

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 punishment of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act is limited to the punishment of the defendant for the reason of sentencing under Article 62-2 of the order to attend a compliance driving lecture, the punishment as ordered shall be determined in consideration of all normal data revealed in the trial process, such as the defendant's age, occupation, family relationship, etc.

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