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(영문) 대구지방법원 2015.04.28 2015고단60
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

[Criminal Power] On February 15, 2013, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on February 15, 2013. On April 18, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime, etc.

【Criminal Facts】

On January 1, 2015, the Defendant, while under the influence of alcohol with 0.122% of the blood alcohol concentration without a driver’s license on January 21, 2015, driven a DNA-based car in the section of approximately 1 km to the adjacent area of the franchisian customs in the territory of the Republic of Korea, in the vicinity of the franchisium located in the franchisium of the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and investigation reports (reports before suspension of execution of sentence), and the application of 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 (i.e., confession, reflectivity, and fact that a person does not recommit a crime) in the suspension of execution;

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

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