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(영문) 대구지방법원 경주지원 2015.01.15 2014고단798
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 27, 2006, the Defendant was issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine for the same crime in the same court on October 21, 2013, respectively.

On September 15, 2014, at around 22:55, the Defendant driven a Bone Star car with approximately 3 km alcohol concentration of 0.134%, without a vehicle driver's license, from the front of a cafeteria in front of the mutually unclaimed restaurant in the front of the racing city to the road near the dong-dong, East-si, East-si, Sejong-si. The Defendant driven a Bone Star car with alcohol content of about 0.134%.

Accordingly, the Defendant, while under the influence of alcohol, driven a motor vehicle under the influence of alcohol, even though the record of punishment was twice or more.

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 convictions indicated in judgment: Application of criminal history records, investigation reports (a copy of a summary order of the same kind of power) and other 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 (i.e., the fact that the punishment is contradictory, the fact that there is no previous conviction other than the fine, the age and character of the accused, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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

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