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(영문) 대구지방법원 포항지원 2015.02.05 2014고단1210
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 15, 201, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the port branch of Daegu District Court on November 15, 201, and on May 15, 2013, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at least twice. On October 6, 2014, the Defendant was under the influence of alcohol concentration of KRW 0.083% without a driver’s license on October 6, 2014, and was under the influence of 0.083% of the blood alcohol concentration without a driver’s license at the center of the Defendant’s house located in Nam-gu, Chungcheongnam-gu, B at the speed of approximately 20km at the center of 352 km in front of the police box at the center of Posi-gu, Chungcheongnam-gu, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: An inquiry inquiry report and the application of Acts and subordinate statutes for investigation report (the confirmation of criminal facts before sound driving);

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act 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 (including the fact that the defendant has no previous conviction or heavier than the suspension of execution, and the fact that his mistake is recognized and reflected, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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