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(영문) 대구지방법원 경주지원 2015.11.12 2015고단714
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 25, 2013, the Defendant issued a summary order of Article 44 (1) of the Road Traffic Act to a fine of two million won for the same crime from the Daegu District Court's support for racing on March 14, 2014 and violated the Road Traffic Act at least twice.

Nevertheless, on August 13, 2015, at around 20:18, the Defendant driven B rocketing car under the influence of alcohol content of 0.102% without obtaining a driver’s license from a section of approximately 500 meters in front of the “slunch” road in the front of the “slunwon Construction Site” located in the same Dong to the “slunwon Construction Site” road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of suspected victims of violation of the Road Traffic Act (e.g., drinking or unlicensed driving), a report on detection of a drinking driver, a statement on the status of a drinking driver, a detailed statement of disposition for cancellation of a driver's license, and a written statement of

1. Previous records of judgment: To apply investigation reports, criminal records, etc. inquiry reports, investigation reports (verification of the fact that controled two or more times due to drunk driving of a suspect and records of the same kind), one copy of the decision of non-prosecution, a copy of summary order, and one copy of the summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant again repeats the same kind of crime even though he had the record of punishment for drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving shall be punished more strictly.

It is true that the defendant has committed crimes and is against the defendant, and that the defendant has no criminal records of suspension of qualifications or more.

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