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(영문) 대구지방법원 2014.02.06 2013고단6816
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 August 2, 2010, the Defendant issued a summary order of KRW 3.5 million to the Daegu District Court for the violation of the Road Traffic Act and the violation of the Road Traffic Act. On September 24, 2012, the Defendant had the record of issuing a summary order of KRW 2.5 million to the same crime.

Criminal facts

On November 12, 2013, at around 19:45, the Defendant driven a C Lastto car with the blood alcohol concentration of about 0.083%, without a driver’s license, from a section of about 50 meters from the front of a restaurant where it is impossible to know the trade name in the deliberation of the Young-gu, Young-gu, Gyeongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Inquiry into driver's licenses;

1. Disqualifications for licenses;

1. Previous records: Application of inquiries and investigation reports on criminal records, etc. and Acts and subordinate statutes;

1. Relevant laws applicable to the facts constituting a crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license);

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. Although the punishment of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important, the punishment as ordered shall be determined by taking into consideration all the normal data revealed in the trial process, such as the fact that the defendant does not reach recidivism, the fact that the defendant has no criminal record of past suspension of execution or more, the blood alcohol concentration, driving distance, the defendant's family relationship, and health conditions;

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