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(영문) 대구지방법원 2013.04.04 2012고단8749
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Criminal power has been issued to the Daegu District Court on March 14, 2008 by a fine of KRW 1.5 million for a violation of the Road Traffic Act, a fine of KRW 2.5 million for the same crime to the same court on November 28, 2008, and a fine of KRW 2.5 million for the same crime on November 1, 2012 to the same court on November 1, 2012.

Criminal facts

Around 02:25 on December 9, 2012, the Defendant, without a driver’s license, driven a blood alcohol concentration of 0.127%, and proceeded with approximately 700 meters up to the entrance of the public apartment in Daegu Northern-gu, by driving the Cgner car on the front of the flow apartment located in the examination team in Daegu North-gu, Daegu, and driving the Cgner car on the front of the flow apartment located in the examination team.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

1. Disqualifications of the main office;

1. License register;

1. Previous convictions indicated in judgment: Criminal records, etc. inquiry reports, investigation reports, copies of each summary order, and application of Acts and subordinate statutes reporting results of confirmation of minor records not subject to disposition;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important in light of the fact that the defendant committed the crime of this case again even though there are many criminal records of the same kind of crime. However, it is ordered in consideration of all the normal data revealed in the trial process, such as the defendant's age, character and conduct, and so forth.

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