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(영문) 대구지방법원 김천지원 2014.02.13 2013고단1734
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

[criminal power] On December 8, 2009, the Defendant was issued a summary order of a fine of three million won by the same court as the same crime in the Daegu District Court Kimcheon-do, as a crime of violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do, and on January 18, 2013, the Defendant had a record of being issued a fine of three million won by the same court.

【Criminal Facts】

On November 22, 2013, at around 22:40, the Defendant: (a) drive a car under the influence of alcohol concentration of 0.118% without obtaining a driving license for the front road C in Gumi-si B.

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and statement of the status of a host driver;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports and investigation reports (a) 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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