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(영문) 대구지방법원 2014.11.13 2014고단3900
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 March 14, 2011, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (free license). On April 6, 2012, the same court received a summary order of KRW 3 million due to a violation of the Road Traffic Act (free license), and on December 12, 2013, the same court received a summary order of KRW 6 million as a fine of KRW 1.6 million due to a violation of the Road Traffic Act (free license) or a violation of the Road Traffic Act (free license).

Around 18:10 on June 2, 2014, the Defendant driven a 125cc cc obane under the influence of alcohol level C in the influence of alcohol level 0.218% under the influence of alcohol level 0.218%, without obtaining a motorcycle driver's license, from the front side of the 6cc cafeteria of the commercial complex, which is located in the Daegu Dong-gu, Daegu-gu, Daegu-gu, to the front side of the non-cafeteria of the 6cc-dong commercial complex, to the Donnam-do road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (report accompanied by a summary order of the same kind of power);

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 2 of Article 154 and Article 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. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished several times due to drinking alcohol driving and driving without a license; and (b) the Defendant committed the instant crime even though his license was revoked; (c) the Defendant’s mistake is divided and reflected; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the various conditions for sentencing as indicated in the instant case, including the circumstances after the commission of the crime.

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