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(영문) 대구지방법원 서부지원 2014.06.13 2014고단511
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 17, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 5 million for a violation of the Road Traffic Act at the Daegu District Court on July 17, 2013, respectively.

At around 18:00 on March 25, 2014, the Defendant, without obtaining a driver’s license, driven approximately 3 km from the front day of a soft-dong restaurant in Daegu-gu to the front day of the same fugitive-dong while drunk with a blood alcohol content of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records and other inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Suspension of execution under Article 62 (1) of the Criminal Act (In addition to the punishment of a fine, consideration shall be given, such as the absence of any record of heavy punishment, confession and reflection);

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

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