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(영문) 대구지방법원 2014.10.07 2014고단3996
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 October 9, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court. On June 24, 2008, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving). On October 23, 2013, the Defendant received a summary order of KRW 13 million as a fine for a violation of the Road Traffic Act (driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury on Dangerous Driving) from the Seobu branch of the Daegu District Court.

On July 20, 2014, at around 03:57, the Defendant driven a Kazon vehicle under the influence of alcohol concentration of about 0.173% without obtaining a driver's license at a section of about 5km from the front of the 59-dong-gu Daegu Metropolitan City to the front of the 81-ro of the same Gu Tchro 81 (zym dong) street.

As a result, the Defendant, who violated the prohibition of drinking driving regulations not less than twice, drives a motor vehicle while under influence of alcohol in violation of the above regulations, and simultaneously drives a motor vehicle without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order of the same kind of case) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order was punished several times for drunk driving, and in 2013, the Defendant again committed the instant crime even though he/she caused a traffic accident while drunk driving. However, the Defendant’s mistake is divided and reflected.

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