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(영문) 대구지방법원 상주지원 2014.05.20 2014고단17
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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] On June 7, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court on September 7, 2007, as a fine of KRW 300,000 as a crime of violation of the Road Traffic Act (Driving without a license) and a fine of KRW 4 million in the same court on November 19, 2012.

【Criminal Facts】

Around 14:50 on January 2, 2014, the Defendant driven the B City 110cc-ckib in the state of alcohol alcohol concentration of about 700 meters at approximately 0.185% on the front road of a permanent elementary school located in the center of 167, the center of which is located, with no driver's license for a motorcycle on January 2, 2014.

On March 3, 2014, at around 19:35, the Defendant, “2014 Highest 155, the Defendant driven the said Gotoba while under the influence of alcohol with approximately 0.140% of alcohol alcohol level from the front side of the Geum-dong, which was located in the Shindong at the time of permanent stay to the end of the house in the same city C, from around 1.2km to the end of the house in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of each host driver;

1. The register of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (including the previous records, confirmation and attached summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the defendant is divided into a truth-finding and the detention of the defendant is accompanied by an excessive difficulty to his/her family members);

1. Article 62 (1) of the Criminal Act;

1. The community service order under Article 62-2 of the Criminal Act;

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