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(영문) 대구지방법원 김천지원 2015.09.03 2015고단676
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 December 21, 2007, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on December 21, 2007, and on August 9, 2012, the Defendant issued a summary order of KRW 3 million for the same crime in the Daegu District Court Kimcheon branch of the Daegu District Court.

Although the Defendant was punished for drinking twice or more as above, around 02:0 on May 21, 2015, at around 02:0, the Defendant: (a) transpamed B with blood alcohol concentration of about 0.164% without obtaining a driver’s license from the front side of a bridge located in the Gu-si, Sim-si, Sim-si, to the sea-scamball studio in the same city scattering-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a driver under consideration;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of the same criminal records);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (limited to strict punishment in consideration of the degree of taking notes, the details of crackdown, etc., but there is no record of punishment exceeding the fine, and there is no accident that has occurred in the course of committing the crime in the judgment, the confession of the crime and the appearance of reflecting the depth of the crime, and other factors considered the Defendant’s workplace relationship, the military service relationship, etc.);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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