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(영문) 대구지방법원 김천지원 2013.12.19 2013고단1360
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 December 9, 2008, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act, and a summary order of KRW 6 million by a Daegu District Court on August 16, 2012.

On October 3, 2012, around 10:40, the Defendant driven a D balone balone while under the influence of 0.102% of blood alcohol concentration, without obtaining a driver's license, from around the house of the suspect in the Gumi-si B, 109 Dong 802 (C) to the Gutolutoluth road located in the same balp-dong-dong in the same city.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The ledger of driver's licenses (A), details of disposition for cancellation of driver's licenses, and disqualified inquiries;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do141, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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