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(영문) 대구지방법원 2014.06.26 2014고단1421
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, at the Daegu District Court on June 29, 2009, has violated the provision on prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act, and on February 1, 201, receiving a summary order of 3.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on February 1, 201.

On February 27, 2014, at around 06:15, the Defendant driven the B-wing truck with a blood alcohol level of at least 0.063% under the influence of alcohol level of at least 0.063%, without obtaining a driver’s license, in a section of approximately one kilometer from around 37-12, Daegu-dong-gu, Daegu-gu, 28-12, to the front day of the arms mountain bnding in Daegu-dong-dong, Daegu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, investigation reports, 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 under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture, even though the defendant had been punished twice due to drinking driving, and again committed the crime of this case. However, the defendant has committed the crime of this case against his wrongness, the defendant has not been sentenced to a higher level of blood alcohol content at the time, the defendant has no criminal record of suspended execution or more, the defendant has no criminal record of suspended execution or more, and other reasons for sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime

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