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(영문) 대구지방법원 김천지원 2015.10.08 2015고단807
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2009, the Defendant issued a summary order of KRW 4,000,000 as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) in the Daegu District Court Kimcheon Branch on July 24, 2009, and a fine of KRW 4,000,000 as a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on January 8, 2015.

On July 12, 2015, the Defendant driven a B Twork XG car with a blood alcohol content of about 100 meters from the front of the Gambart-dong Vart-dong Vart to the front of the Gambart-dong Gaodong, Gumi-dong, Seoul Metropolitan City, without obtaining a driver’s license, at a section of about 100 meters from the front of the Gambart-dong, Sinsi-dong, and at least 0.075% under the influence of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driver;

1. Application of two copies of Acts and subordinate statutes to criminal records, replys to criminal records, investigation reports (reports on the record of criminal records of the same kind of crime as a suspect), and summary orders;

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the contents of the crime before and after the market, the time of the final punishment, the suspension of execution and the power to punish the punishment for the crimes committed on the market, taking into account the following factors: Provided, That all the speech and walking conditions at the time when the crime was committed and there was no accident that occurred during the crime, and the depth reflects the situation);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, the Act on Probation, etc.;

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