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(영문) 대구지방법원 2013.07.04 2013고단3134
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 April 2, 2008, the Defendant appears to have a clerical error in the “Tgu District Court” written indictment for the branch court of the Daegu District Court.

(See Investigation Records No. 23, 26 pages). In the case of a violation of the Road Traffic Act (driving) a fine of one million won, and on November 6, 2008, the "Tgu District Court" as stated in the letter of indictment for the branch court of the Daegu District Court appears to be a clerical error.

(A) On February 21, 2013, the Daegu District Court was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 5 million for a violation of the Road Traffic Act (driving).

On April 19, 2013, at around 22:08, the Defendant driven Brocketing Pacific Cargo Vehicles with approximately 1km alcohol concentration of 0.104% while under the influence of alcohol without obtaining a driver’s license for a vehicle driving with approximately 1km section from the front of the Manamambamb in Daegu Northern-dong to the front of the Manambamb in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

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

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 of Article 62-2 of the Criminal Act on the order of compliance driving lecture is that the defendant was punished three times by a fine due to drunk driving in the past and again committed the instant crime. However, considering the fact that the defendant reflects his mistake and has no criminal record of suspended sentence or more, the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.

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