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(영문) 대구지방법원 2014.12.04 2014고단4938
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant issued, at the Daegu District Court on December 7, 2010, a summary order of a fine of two million won for a crime of violating the Road Traffic Act, at the Daegu District Court on April 4, 2014, a summary order of a fine of six million won for a crime of violating the Road Traffic Act (driving), and on February 13, 2014, at the Daegu District Court on February 21, 2014, a person who was sentenced to a suspended sentence of one year for a term of six months for a crime of violating the provision of air traffic, etc. at the Daegu District Court on February 21, 2014, and is currently under suspended sentence.

On June 18, 2014, at around 21:45, the Defendant driven Cone Star car in the state of alcohol alcohol by 0.120% without obtaining a driving license from around 1km-si, Cheongcheon-si, Cheongcheon-si, Cheongcheon-gu, Cheongcheon-si to the front day of the Taecheon-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and written report on the control of drinking driving;

1. A related inquiry;

1. Previous records of judgment: Application of criminal records, references to criminal records, each investigation report (Attachment to the same-class judgment, confirmation of the period of suspended sentence for suspects), and 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. The reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant had a past record of having been sentenced to punishment due to driving without a license for alcohol or without a license; and (b) the Defendant again carried out drinking or without a license without being aware of the fact that he/she was in

As above, it is inevitable to sentence the defendant who is not well-known as above.

However, if the judgment of this case becomes final and conclusive, the sentence of the previous suspension of execution should be invalidated and the defendant should serve in prison until the suspended sentence.

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