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(영문) 대구지방법원 영덕지원 2014.04.16 2014고단2
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

1. The Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act in the Yeongdeungpo Branch of the Daegu District Court on August 23, 2013, and was sentenced to a fine of KRW 2.5 million for the same crime from Gangnam Branch of the Chuncheon District Court on June 14, 2011, and was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) on May 1, 2003.

2. The Defendant, as seen above, was a person who violated Article 44(1) of the Road Traffic Act more than twice, but was under the influence of alcohol at around 21:35 on December 30, 2013 without obtaining a driver’s license, driving C body-man car at a section of about 300 meters from the road front of the CU convenience store located in the cU convenience shop located in the Gyeongjin-gun of the GU-gun of the GU-gun of the GU-gun of the GU-gun of the same Ri to the roads front of the GU industry located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Examination of the results of the violation of the Road Traffic Act (non-license, drinking driving) detection report, report on detection of a drinking driver, report on the circumstances of a drinking driving, vehicle inquiry, register of driver's licenses, and control of a drinking driving;

1. Previous records of judgment: Criminal records, etc. and the application of inquiry reports and other Acts and subordinate statutes of the main office;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant makes a confession of and reflects on the crime);

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

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