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(영문) 대구지방법원 2014.10.23 2014고단4380
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

around 15:20 on August 14, 2014, the Defendant driven B Poter cargo vehicles under the influence of alcohol concentration of about 0.287% without obtaining a driver's license at a distance of about 30 meters from the 15:20 meters in front of the lux cafeteria located in the Dong-ri, if the Defendant was a Sinsan City.

On June 27, 2014, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Daegu District Court on June 27, 2014, and on August 29, 2014, the Defendant was not detained due to a crime of violating the Road Traffic Act (driving) and violated Article 44(1) of the Road Traffic Act on at least two occasions while continuing a trial.

【Criminal Facts】

On August 31, 2014, at around 15:55, the Defendant driven a B-wing truck with a blood alcohol concentration of 0.096% at a section of about 80 meters from the front side of the Defendant’s house in Gyeongsan-si, Gyeongbuk-si, without obtaining a driver’s license, to the front side of the 11-2 front side of the same side.

Summary of Evidence

"2014 Highest 4380"

1. Defendant's legal statement;

1. Reports on detection and circumstantial statements;

1. "2014 Highest 4610" in the license ledger;

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a summary decisions of the same type of suspect, etc.) and Acts and subordinate statutes;

1. Relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 14, 2014), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving under the influence of alcohol on August 14, 201), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on August 31, 2014) concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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. The Criminal Act, the suspension of execution;

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