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(영문) 대구지방법원 김천지원 2013.10.16 2013고단859
도로교통법위반(음주운전)등
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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

The Defendant is a person who has violated the prohibition on driving a motor vehicle under the influence of alcohol on August 11, 2010 by driving a motor vehicle under the influence of alcohol 0.071%, and on December 3, 2011, at least twice under the influence of alcohol 0.09%.

At around 00:10 on June 9, 2013, the Defendant driven a multi-pact car under the influence of 0.106% alcohol concentration without a driver’s license on the front of the Gulambol, which is located in the Gulamban-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous conviction: Application of a copy of summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times due to drinking driving and three times due to unauthorized driving until the last day, and the crime of this case is committed in addition, despite the fact that the defendant committed the crime of this case. However, in consideration of all the circumstances, such as the fact that the defendant has no record of the suspension of execution or heavier punishment due to the same crime, and the fact that the defendant reflects the same, the punishment as the order shall be determined.

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