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(영문) 대구지방법원 2015.11.30 2015고단4305
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

[criminal power] On April 26, 2010, the Defendant was issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act (driving) at the Busan District Court. On November 4, 2010, the Defendant was sentenced to a suspended sentence of 10 months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court on November 4, 2010, and 7 million won by a fine at the Daegu District Court on May 17, 2012.

[2015 Highest 4305] On July 5, 2013, the Defendant driven a vehicle with approximately 6 km B EXE in front of Schlage in front of the State where it is difficult to find out the trade name in the Sinsan-si Sasan-si Sari while under the influence of alcohol content 0.175% without obtaining a driver’s license on July 5, 2013.

[2015 Highest 4380] On April 2, 2013, when the Defendant was a person who was under the influence of 0.101 percent of alcohol in blood while under the influence of 0.101 percent of alcohol in blood without a driver’s license on April 2, 2013, the Defendant driven B EXE vehicles on the road in front of the office where the person is a person who was located in the city of Gyeongsan-si in the border-si, Jinsan-si, Jin-si, Jin-si in the front of the school.

Summary of Evidence

[2015 Highest 4305]

1. Defendant's legal statement;

1. The circumstantial statement;

1. License register (2015 highest 4380);

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. License register (pre-trial record);

1. Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Probation;

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