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(영문) 대구지방법원 2013.08.29 2013고단3218
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 September 3, 2007, the Defendant received a summary order of KRW 2 million from the Daegu District Court as a crime of violation of the Road Traffic Act. On July 2, 2008, the Defendant received a summary order of KRW 6 million from the Daegu District Court on July 2, 2008 due to a crime of violation of the Road Traffic Act.

Criminal facts

On May 2, 2013, at around 22:35, the Defendant, without a driver’s license, driven a vehicle in approximately 200 meters section from the cafeteria located in the middle-gu, Daegu Northern-dong to the school 1stagogy located in the Daegu North-dong, while under the influence of alcohol content of 0.104%, and drive B Lone Star-dong in the middle-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and investigation reports on criminal records, etc. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the criminal liability of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is not minor, the punishment as ordered shall be determined in consideration of the overall normal data heard in the course of the public trial, such as the fact that the defendant has no criminal record of probation or higher, the blood alcohol concentration of the defendant, the distance of operation of motor vehicles, the age

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