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(영문) 대구지방법원 2013.07.11 2013고단3082
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 October 21, 2008, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and KRW 5 million from the same court on February 13, 2013 to a fine for a violation of the Road Traffic Act.

Criminal facts

On April 29, 2013, the Defendant driven B car under the influence of alcohol content of 0.173% without a vehicle driver’s license at a five-lane section from the front of a restaurant on the mutual influent side located in the Daegu-si, Suwon-gu to the front of Daegu-gu, Daegu-dong, the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the sentencing of Article 62-2 of the Criminal Act is limited to the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account all the normal materials revealed in the trial process, such as the defendant's age, occupation, family relation, etc.

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