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(영문) 대구지방법원 김천지원 2015.06.10 2015고단327
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 April 28, 2008, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on April 28, 2008, and on May 24, 2013, the same court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act.

On April 2, 2015, at around 00:41, the Defendant driven a B low-water vehicle with a blood alcohol concentration of at least 500 meters without obtaining a driver’s license from a section of about 500 meters from the front side of the national bank in the Gumyeong-dong to the front side of the Gumyeong-gu in the Gumyeong-si, Gyeong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records and other inquiries, investigation reports (report on matters regarding the suspect's records of the same kind of crime), report on the previous records of disposition and results of confirmation, and application of Acts and subordinate statutes of two copies of a 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. 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do1448, Apr. 21, 2011; Supreme Court Decision 201Do1448, Apr. 21, 201; Supreme Court Decision 201Do139, Apr. 21, 2011)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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