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(영문) 대구지방법원 김천지원 2015.04.29 2015고단210
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

[2015 Highest 210] On March 3, 2008, the Defendant received a summary order of KRW 3,000,000 from the Busan District Court Branch of Incheon District Court due to a violation of the Road Traffic Act (driving). On July 19, 2012, the Defendant received a summary order of KRW 3,00,000 from the Daegu District Court due to a violation of the Road Traffic Act (driving).

At around 06:00 on December 8, 2014, the Defendant: (a) driven a car in a drunken state with approximately 5km alcohol concentration of about 0.084% from the front of the Jindong indoor exit of the Singu-si, Sinsi to the Gunsi-si, Kunsi-si; and (b) driven the car in a drunken state with approximately 5km alcohol concentration of about 0.084%.

[2015dan272] On February 11, 2015, the Defendant driven a CG car at a section of about 2 km from the mountain frequency in the Gummyeong-dong to the front road of the same Sim-dong from the U.S. Emblin Domdong to the U.S. In the same city, the Defendant driven a CG car without a car driver’s license.

Summary of Evidence

[2015 Highest 210]

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records of judgment: Two copies of inquiry report, such as criminal records, investigation report (criminal records of a suspect), summary order [2 copies];

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of statutes on the register of driver's licenses and details of suspension of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment)

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing) 1.

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