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(영문) 대구지방법원 경주지원 2014.04.16 2014고단50
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 25, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act in Daegu District Court and racing support on January 25, 2013, and on March 5, 2013, the Defendant issued a summary order of KRW 3 million for the same crime in the same court.

On January 7, 2014, at around 21:24, the Defendant, without a driver’s license, driven a Brens car at a distance of about 800 meters on the road located on the roads in the same Eup/Myeon delivery agent in front of the public bath of the Ansan-si, Ansan-si, Chungcheongnam-si, Chungcheongnam-si without a driver’s license, under the influence of alcohol by 0.157% of blood alcohol concentration.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle at least twice, but once again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Reporting on the occurrence of a suspected violation of the Road Traffic Act (e.g., drinking and non-license), reporting on the circumstances of a host driver, reporting on detection of a host driver, notification of completion of correction, vehicle driver's license register, and vehicle inquiry;

1. Previous records: Application of inquiries and inquiries reports, investigation reports, and statutes, such as criminal records;

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. An order to attend a lecture under Article 62-2 of the Criminal Act is repeatedly running under influence of alcohol for a short period of time, the fact that the Defendant was in the state of non-license, but the Defendant’s confession of the crime, and other records and arguments, such as the Defendant’s age, happiness, family environment, and circumstances after committing the crime.

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