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(영문) 대구지방법원 2013.12.05 2013고단6227
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 July 1, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in Daegu District Court and racing support, and on February 14, 201, the Daegu District Court issued a summary order of KRW 4 million for a fine of KRW 1 million for a crime of violation of the Road Traffic Act.

Criminal facts

On October 29, 2013, at around 22:30, the Defendant driven a tea with approximately 300 meters wide from Schlage, which was in Yongcheon-si, Seocheon-si, to front of the fifth apartment complex in the same Dong, without obtaining a driver’s license, while under the influence of alcohol content of at least 0.120%.

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. A driver's license inquiry;

1. Statement on circumstantial statements of a driver of the driving school;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to previous records and copies of written judgments);

1. Relevant Article of the Act on the Crime, Articles 148-1 (1) 1, 44 (1) of the Road Traffic Act (a point of sound driving) and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (a point of driving without obtaining a license) of the same 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 the order to attend a compliance driving lecture is not minor, the punishment as ordered shall be determined in consideration of all the normal data revealed in the trial process, such as the past criminal punishment records, the age, occupation, occupation, family relationship, blood alcohol concentration and driving distance of the defendant;

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