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(영문) 대구지방법원 2014.01.09 2013고단6546
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 July 2, 2010, the Defendant was sentenced to a summary order of two million won or more due to a violation of the Road Traffic Act by the Daegu District Court on July 2, 2010, and a summary order of three million won or more due to the same crime in the same court on July 3, 2013, and was punished on two or more occasions due to a violation of the Road Traffic Act.

Criminal facts

On November 2, 2013, at around 21:38, the Defendant driven B Poter cargo while under the influence of alcohol by 0.140%, without obtaining a driver’s license in a section of about 300 meters from the front of the death distance of the foreign exchange bank located in the Jin-si Si, Busan, to the front day of the Japanese class of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

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

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same 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 accused for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is heavy, the punishment as ordered shall be determined, taking into consideration all normal data shown in the trial process, such as the fact that there is no criminal record of suspension of execution or more for the same criminal record, blood alcohol concentration, driving distance, circumstances leading to drinking driving, age and occupation of the accused;

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