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(영문) 대구지방법원 2013.06.13 2013고단2750
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 April 5, 2010, the Defendant was sentenced to a fine of three million won as a crime of violation of the Road Traffic Act at the Daegu District Court on April 5, 201, and a fine of five million won as a crime of violation of the Road Traffic Act at the Daegu District Court on June 11, 2012.

On April 4, 2013, at around 23:20, the Defendant driven a galone-bomb motor vehicle while under the influence of 0.137% of the blood alcohol concentration without obtaining a driver’s license for a section of approximately 300 meters from the raw ginseng dynasium in front of the dynasium dynasium in the dynasium dynasium, the Defendant driven the B galbomba vehicle.

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 inquiries and inquiries, such as criminal records, and investigation reports (Attachment to the same type of power);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 is that the Defendant again committed the instant crime even if he was punished four times by a fine due to drinking driving in the past. However, considering the fact that the Defendant reflects his mistake, and that the Defendant has no criminal record of suspended sentence or more, the sentence as ordered shall be determined.

It is so decided as per Disposition for the above reasons.

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