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(영문) 대구지방법원 2013.05.02 2013고단1933
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

Criminal power is a person who has been sentenced to a fine of KRW 700,00 for a violation of the Road Traffic Act at the Daegu District Court on March 23, 2009, a fine of KRW 2,500,000 for a violation of the Road Traffic Act at the Daegu District Court on June 8, 201, and a fine of KRW 3,00,000 for a violation of the Road Traffic Act at the Daegu District Court on January 9, 201.

Criminal facts

On March 22, 2013, at around 22:03, the Defendant driven a CNAS car under the influence of alcohol content of at least 0.083% without obtaining a driver’s license from the front of the cafeteria cafeteria, which is located in the Busan Northern-gu, Daegu Northern-do, to the front of the 150-meter road in the north-gu, Daegu Northern-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports, copies of summary orders, and application of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for an order to attend a compliance driving lecture are several criminal records of the same kind and, in light of the fact that the defendant committed again the crime of this case immediately after he was punished for drunk driving in 2013, the criminal liability is important. However, if the defendant does not reach recidivism, there is no criminal record of probation or heavier, the defendant's age, occupation, family relationship, etc. shall be determined as per the order.

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