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(영문) 대구지방법원 김천지원 2014.11.05 2014고단986
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 July 22, 2013, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on June 9, 2014, the Defendant was issued a fine of 5 million won for a violation of the Road Traffic Act by a court of the same jurisdiction as of June 9, 2014, and was issued a summary order of 5 million won or more for a violation of the Road Traffic Act.

Nevertheless, at around 01:20 on August 27, 2014, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.061% without obtaining a driver's license on the front of the corporate bank located in the Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on confirmation of the same criminal records) and other 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. Although an order to attend a lecture had a history of punishment several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, it is very heavy for the crime to run under drinking in the state of unauthorized license.

However, in consideration of the fact that there is no previous conviction or more than the suspension of execution, the punishment shall be determined as per the disposition.

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