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(영문) 대구지방법원 김천지원 2013.07.24 2013고단459
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 6, 2011, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and a summary order of KRW 2 million by the same court on July 26, 201, respectively.

On April 26, 2013, at around 23:30, the Defendant driven a BF rocketing car under the influence of alcohol concentration of approximately 0.128% without a car driver’s license from the front of the Macheon National University Hospital located in the Gu-U.S. Sinsi University to the front of the adult product shop in the Gu-U.S. Sinsi-dong from around 3km to the front of the adult product shop in the Gu-Sinsi-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (attached to previous records and copies of summary orders), and application of Acts and subordinate statutes of a summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to a fine of one million won due to a drunk driving on April 200, a fine of two million won due to a drunk driving on March 2001, a fine of one million won due to a drunk driving on around May 201, a fine of one million won due to a drunk driving on around July 201, a fine of two million won due to a drunk driving on around July 201, and a fine of one million won due to aless driving on around July 201, and a fine of 1.5 million won due to a non-licensed driving on around July 201, and therefore, the punishment for the crime of this case has not been provided against the defendant. However, the defendant did not have any criminal power exceeding a fine of one million won due to the same kind of crime, and it is against the law. It is so decided as per Disposition.

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