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(영문) 대구지방법원 경주지원 2013.12.24 2013고단583
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 April 9, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in Daegu District Court racing support on March 9, 2007; on March 3, 2008, a fine of four million won for a violation of the Road Traffic Act (driving without a license) and a fine of four million won for a violation of the Road Traffic Act (driving without a license); on April 12, 201, in the same court on April 12, 201, two years of suspended sentence in August; on September 17, 2013, in the same court on September 17, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving without a license) and the said judgment became final and conclusive on October 25, 201.

On September 3, 2013, at around 00:40 on September 3, 2013, the Defendant driven B car under the influence of alcohol with approximately 200 meters alcohol concentration of 0.153% without a car driver’s license from around the roads near the same racing-ju Factory to the roads near the same racing-ju Factory.

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. Previouss before and after judgments: Application of criminal records, sentences of judgments, investigation reports (including confirmation of the date of confirmation and attachment data), and other 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the principle of equity, etc. in cases where a judgment is to be rendered simultaneously with a previous conviction in the judgment which became final and conclusive);

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

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

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