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(영문) 대구지방법원 서부지원 2015.11.05 2015고단1504
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

【Criminal Power】 On April 11, 2008, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act, etc. at the Daegu District Court on June 2008. On May 15, 2014, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Seo branch of the Daegu District Court on May 15, 201.

【Criminal Facts of Crimes】 On August 23, 2015, the Defendant, without a driver’s license, driven a car between 4 km B at a distance of 0.147% in front of the Sejong-gu Seocheon-dong while under the influence of alcohol level of 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the results of the control of drinking driving;

1. An inquiry report on driver's license and a report on the situation of driving without license;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of criminal records of the same kind of power as a suspect);

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. Suspension of execution under Article 62 (1) of the Criminal Act (the confession of a criminal act and reflects his depth, and the degree, etc. of the principal of the defendant at the time of the crime in this case);

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

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