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(영문) 대구지방법원 2015.06.16 2015고단1590
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 January 18, 2008, the Defendant issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court on April 9, 2010, the summary order of KRW 2,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on October 15, 201, and the summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Seo Branch of the Daegu District Court on October 15, 201.

On March 23, 2015, at around 21:00, the Defendant driven C Poter Cargo with blood alcohol concentration of 0.10% without obtaining a driver’s license from the 207 front road to the front road of the Nowon-gu Nowon Police Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The ledger of driver's licenses;

1. Previous offense: Application of Acts and subordinate statutes of a criminal report (a copy of summary order);

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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