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(영문) 대구지방법원 2015.06.18 2015고단2070
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 September 27, 2013, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Daegu District Court on September 27, 2013, and seven million won for the same crime at the same court on February 18, 2014.

On May 13, 2015, at around 23:15, the Defendant, without a driver’s license, driven a vehicle of 50-meter B in front of the North Korean Library located in the same Dong, while under the influence of alcohol by 0.099 percent in blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and a report on the results of crackdown on drinking driving;

1. The license register, the next inquiry, etc.;

1. Previous records: Application of criminal records, etc. 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 (i.e., reflectiveness, the fact that a suspended sentence is not committed, the fact that there is no criminal record of a suspended sentence or heavier);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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