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(영문) 대구지방법원 경주지원 2014.08.21 2014고단365
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 February 1, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in Daegu District Court and racing support on August 1, 2008, KRW 1.5 million for the same crime in the same court on August 22, 201, and KRW 5 million for the same crime in the same court on September 16, 201.

On April 21, 2014, at around 21:30, the Defendant driven B automobiles in approximately 500 meters from the front day of the packing end, where it is impossible to identify the trade name of the YY-dong at the Gyeongnam-si without a driver’s license, while under the influence of alcohol by 0.089% of the blood alcohol concentration without a driver’s license, to the front day of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry records, and application of each statute of the judgment;

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 on the suspended execution (Consideration of the fact that there is no practical penalty, reflective fact, and blood alcohol concentration);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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