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(영문) 대구지방법원 안동지원 2015.06.19 2015고단191
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

[criminal power] On November 14, 2006, the Defendant received a summary order of KRW 2,50,000,000 from the Daegu District Court's Ansan Branch for a violation of the Road Traffic Act, a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on April 28, 201, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act in the same court on January 28, 2015.

【Criminal Facts】

On March 27, 2015, at around 00:14, the Defendant driven a Cunstun vehicle with the blood alcohol concentration of 0.084% under the influence of 0.084% without a car driver’s license from the front side of the bean Village cafeteria, which is located in the Sincheon-dong of Permanent Residence, to the front side of the same 500 meters from the 500-meter road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Records before judgment: Criminal records, etc. inquiry inquiry reports, and application of summary order 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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the circumstances that the Defendant was punished by a fine for drunk driving on several occasions; (b) the Defendant’s act of driving under drinking without a license; (c) circumstances that are favorable to the Defendant’s confession of and against the instant crime; and (d) other circumstances that are conditions for sentencing as shown in the pleadings, such as the Defendant’s age, character, conduct and environment; and (c) circumstances after

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