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(영문) 대구지방법원 경주지원 2013.09.10 2013고단413
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] On October 13, 2009, the Defendant issued a fine of KRW 700,000 to the Daegu District Court racing support for the violation of the Road Traffic Act (driving). On July 29, 2010, the Defendant was issued a fine of KRW 3 million for the violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 1, 2013, at around 00:45, the Defendant driven B Otoba while under the influence of alcohol with approximately 0.165% alcohol concentration, without obtaining a motorcycle driver's license from the front of the main place in the name of the Dongcheon-dong, Dongcheon-dong, Incheon-dong, to the front of the 2km-dong, Sungdong-dong, Sungdong-dong, and without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (Attachment of summary orders)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a sound driving), subparagraph 2 of Article 1524 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of a permissible driver's license for soil and sand driving);

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 (including the fact that there is no previous offense other than a fine, and the fact that the fine is reflected);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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