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(영문) 대구지방법원 2014.11.13 2014고단4394
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

The Defendant is a person who has been issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act on February 18, 2014 at the Daegu District Court and on May 30, 2014 for the same crime.

On August 5, 2014, the Defendant, without obtaining a driver’s license at around 01:34, driven B-low-water vehicle at approximately 200 meters from the front side of the Dang-gu Nowon-gu Road, which was under the influence of alcohol by 0.10%, to the front side of the Health Management Association located in Daegu Northern-gu Nowon-gu, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the state of his/her oral statement, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment of the same summary order) 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 under Article 62-2 of the Criminal Act on probation and order to attend the course of education is that the defendant was punished several times due to drinking driving, driving without a license, and again committed the crime of this case while his license was revoked. However, the defendant's mistake is divided and reflected, and the defendant's age, character and behavior, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc. are considered and the probation is determined as ordered in addition to probation.

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