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(영문) 대구지방법원 2013.10.24 2013고단4889
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 is issued by the Daegu District Court on November 20, 2012 a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act, and on March 25, 2013, the same court issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act.

Criminal facts

On July 30, 2013, at around 02:05, the Defendant driven a motor vehicle under the influence of alcohol concentration of 0.163% under the influence of alcohol concentration of 0.163%, without a motor vehicle driver’s license, at approximately 15km from the front of the Gyeongsung-gu High School located in Daegu Suwon-dong to the new river located in the same city north-dong, North Korea-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of the crackdown on drinking driving;

1. The circumstantial report;

1. Registers of driver's licenses;

1. Disqualifications of the main office;

1. Records before judgment: A inquiry report on criminal records, etc., each disposition not yet and the results of confirmation, and application of each summary order 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 defendant 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 defendant's age, occupation, health status, family relation, etc., although there is no criminal conviction or

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