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(영문) 대구지방법원 경주지원 2014.05.28 2014고단36
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 December 21, 2013, at around 20:20, the Defendant driven a C-car without a driver’s license, under the influence of alcohol alcohol concentration of about 0.148% from a section of about 1km from the front of a restaurant where it is impossible to know the name of the king-dong, Gangwon-si, Gyeongnam-si, Seoul, without a driver’s license from the front of the restaurant to the front of the same king-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of the Korea Development Bank, such as reports on the occurrence of accidents, reports on the circumstantial statements of drinking drivers, reports on the results of the control of drinking driving, copies of the notice of completion of correction, inquiry into the results of the control of drinking driving, the ledger of driver's licenses

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. In the case of two types of punishment under Article 62-2 of the Criminal Act, the Defendant again committed the instant crime despite the fact that he/she had been punished for drinking driving even in 2013, the drinking water level also reaches 0.148%, and the Defendant’s records and arguments, such as his/her age, happiness, family environment, etc., and the overall sentencing conditions prescribed in Article 51 of the Criminal Act, which can be known through pleading, are considered.

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