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(영문) 대구지방법원 서부지원 2014.06.12 2014고단450
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On February 9, 2012, the Defendant was issued a summary order of a fine of eight million won for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Branch Branch on February 9, 2012, and on November 27, 2008, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Daegu District Court’s Daegu District Court’s Branch on August 27, 2008 and violated Article 44(1) of the Road Traffic Act not less than twice.

2. Around 15:30 on March 10, 2014, the Defendant, without a driver’s license, driven a 500-meter B K5 vehicle at the 19th day before the road near the Daegu Seo-gu and the future Women’s Hospital, the 207-ro 19th day of the same Gu, in a state of alcohol of 0.208% of blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (applicable to decisions related to driving under the influence of a suspect and summary orders);

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. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

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