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(영문) 대구지방법원 2013.12.19 2013고단6381
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 June 30, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court on June 30, 2008; on October 31, 2008, the above court issued a summary order of KRW 1.5 million for the same crime; and on July 29, 2013, the above court issued a summary order of KRW 5 million for the same crime.

Criminal facts

On November 2, 2013, at around 21:27, the Defendant driven B rocketing car under the influence of alcohol content of at least 0.082% without obtaining a driver’s license from around 300 meters from the front of a restaurant where it is impossible to know the trade name in the Dongcheon-dong, Daegu to the front of the same Dondong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on circumstantial statements;

1. A driver's license inquiry;

1. Disqualifications of the main office;

1. Records before judgment: Application of inquiry reports and investigation reports (Attachment to the same summary order) related to criminal records, etc.;

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;

1. Although the criminal liability of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of an order to attend a compliance driving lecture is not minor, the punishment shall be determined as ordered in consideration of the defendant's age, occupation, blood alcohol concentration, driving distance, past criminal records, etc., without any previous criminal record or more than the past suspension of execution;

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