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(영문) 대구지방법원 2014.11.20 2014고단4560
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 27, 2012, the Defendant received a summary order of KRW 1,500,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and the same year.

8. On August 8, 2013, the Daegu District Court was sentenced to a summary order of one million won for the same crime, and on the 17th of the same month, on the 10th of the same month, sentenced to a suspended sentence of two years for the same crime by the Daegu District Court, which became final and conclusive on August 8, 2013, and is currently under the suspended sentence.

On August 22, 2014, at around 00:30, the Defendant driven CMF5 car at approximately 200 meters on the front of a restaurant in front of the 221st head of the Daegu Northern-gu, where the trade name located in the original erode is unknown while under the influence of alcohol at 0.059% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Inquiry reports, computer outputs, judgment, application of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was that the Defendant, in 2013, committed a traffic accident while driving in the state of drinking or non-licensed license, and the Defendant was subject to the suspended sentence.

The defendant was discovered while driving under the influence of alcohol or a non-exclusive license even though he was under the period of suspension of the execution due to the above case, and it is inevitable to sentence the defendant to a sentence for the defendant who is not well known as such.

However, if the judgment of this case becomes final and conclusive, the sentence of the previous suspended execution has to be invalidated and the defendant has to serve until the suspended sentence.

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