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(영문) 대구지방법원 2013.11.14 2013고단5695
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 2.5 million won or more for a violation of the Road Traffic Act at the Daegu District Court on April 11, 2008, and a fine of 3 million won or more for the same crime at the Daegu District Court on November 18, 201 and has been sentenced to a summary order of 3 million won or more for a drunk driving on at least two occasions.

Criminal facts

On September 18, 2013, at around 04:03, the Defendant driven B-low-scale car under the influence of alcohol with a blood alcohol concentration of 0.136% without obtaining a driver’s license from around 3km in front of the Yandodo-dong, Daegu, Daegu, to about 26-ro 20km.

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. Statement in the circumstances of an employee;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (including attached summary orders) 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 the liability 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 sentence shall be determined as ordered in consideration of all the normal materials revealed in the trial process, such as the fact that the defendant has no criminal record of suspended execution or more in the past, the blood alcohol concentration and driving distance

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