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(영문) 대구지방법원 2014.02.13 2013고단7055
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 January 2, 2007, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 6 million with a fine of KRW 6 million with the same crime in the Daegu District Court on October 6, 2008, a summary order of KRW 2 million with the same crime in the same court on October 6, 2008, and a summary order of KRW 6 million with the same crime in the same court on September 16, 2013.

Criminal facts

On December 12, 2013, at around 21:45, the Defendant driven C rocketing car with approximately 50 meters alcohol content 0.130% under the influence of alcohol without a car driver’s license, from the road front of the health, junior college, teaching bridge, and front of the Daegu Science University located in the same Dong to the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. License register;

1. Previous convictions indicated in judgment: Application of investigation reports (Attachment to summary orders of the same kind of power) 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. Although the liability of the accused for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is not minor, the sentence shall be determined as ordered in consideration of all the normal materials expressed in the trial process, such as the fact that there is no criminal record of suspension of execution or more, blood alcohol concentration, driving distance, etc.

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