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(영문) 대구지방법원 서부지원 2014.11.27 2014고단1346
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 28, 2013, the Defendant was notified of a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Seo-gu District Court Branch Branch of the Daegu District Court on August 28, 201, and was notified of a summary order of KRW 6 million as a fine in the same court on April 15, 2014.

On August 28, 2014, at around 00:35, the Defendant driven a B low-speed car under the influence of alcohol concentration of 0.092%, without obtaining a driver’s license in a section of about 50 meters from the front of a cafeteria in the mutual influence Eup of the Daegu-gun, Seocheon-gu, Daegu-gu, Daegu-gun, to the road.

As a result, the defendant was punished for a drunk driving more than twice, and was engaged in a drunk driving again, and at the same time, a driver without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

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

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (applicable to previous records of sound driving, relevant written judgments, and summary orders);

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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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