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(영문) 대구지방법원 2015.04.09 2015고단280
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 September 26, 2012, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million for a violation of the Road Traffic Act at the Daegu District Court on September 26, 2012, and on May 20, 2014, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Daegu District Court on May 20, 201 and violated Article 44(1) of the Road Traffic Act at least twice.

On November 13, 2014, the Defendant, without obtaining a driver’s license at around 23:09, driven CK3 motor vehicles at the section of approximately 500 meters from the station of TBC broadcasting station located in Daegu hydrosidong to the waterway of the same Gu, while under the influence of alcohol content of 0.157%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the ledger of driver's licenses of motor vehicles;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (report attached to the same type of power), and application of Acts and subordinate statutes of a copy of 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 (see, e.g., Supreme Court Decision 62 (1));

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

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