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(영문) 대구지방법원 경주지원 2013.04.23 2013고단137
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 record] On December 10, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court racing support on March 11, 2008. On October 21, 2012, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) due to a drunk driving around October 25, 2013 by the same court.

【Criminal Facts】

On January 17, 2013, at around 23:50, the Defendant driven a B-ro vehicle under the influence of alcohol content of 0.10% under the influence of alcohol, without obtaining a driver’s license, in a section of about 500 meters from the front of the restaurant to the front of the same public restaurant, from the front of the restaurant to the same public restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that the defendant does not drive under the influence of alcohol again while he reflects his intention to do so, and the circumstances, etc. of the crime in this case shall be considered);

1. Article 62 (1) of the Criminal Act (Special Consideration in the preceding sentence);

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