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(영문) 대구지방법원 2015.10.13 2015고단4088
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 October 19, 2007, at the Daegu District Court, the Defendant was issued a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act, and KRW 5 million by the same court on March 28, 2014.

【Criminal Facts】

On August 30, 2015, the Defendant was under the influence of alcohol by 0.084% without a driver’s license on August 22, 2015, and the Defendant driven a Kanche vehicle owned by 10 kilometers from the front way of a lux apartment located in the Jinsan-si, Jinsan-si, to the front way of a luxian apartment located in the same Eup/Myeonndong located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. License register;

1. Previous convictions in judgment: Application of investigation report (report attached to the previous and 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 (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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