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(영문) 대구지방법원 2014.09.04 2014고단3278
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

In Daegu District Court, the Defendant issued a summary order of a fine of five million won on March 20, 2013 for a violation of the Road Traffic Act on March 20, 2013, and the summary order of a fine of two million won on October 8, 2012 on the same crime, in addition to the issuance of each summary order of a fine of two million won on the same crime, the Defendant has the same kind of force once more

On June 8, 2014, the Defendant, without obtaining a driver’s license at around 00:05, driven C cargo vehicles in the state of 0.148% alcohol concentration in blood alcohol content on the front of the cafeteria in front of the cafeteria which was located in Seoyang-gu, Seoyang-si, Seoyang-gu, Busan., the Defendant, at around 56 YH, drive C cargo vehicles in the state of 0.148% in front of the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished several times for drunk driving; and (b) the Defendant again committed the instant crime while his license was revoked; (c) the Defendant’s mistake is divided and reflected; (d) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the overall sentencing conditions as indicated in the instant case, including the circumstances after the instant crime, shall be determined by taking into account the following factors.

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