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(영문) 대구지방법원 김천지원 2015.04.22 2015고단187
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 September 28, 2009, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million for the same crime from the Daegu District Court Kimcheon Branch on March 28, 2014.

On February 23:40 on February 11, 2015, the Defendant driven Boneex knex under the influence of alcohol concentration of about 0.072% without obtaining a driver’s license from around about 5 kilometers in the same Gupo-dong to the same Gupo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (Attachment to summary orders related to the driving power of sound driving);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 again assumes that he/she would not drink alcohol or drive without a license again, the fact that there is no record of punishment imposed in excess of a fine due to the same kind of crime, and all other circumstances, such as the defendant's age, character and conduct, environment, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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