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(영문) 대구지방법원 포항지원 2013.06.20 2013고단404
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 February 28, 2006, the Defendant was notified of a fine of KRW 2,50,00 as a crime of violation of the Road Traffic Act in the port branch of the Daegu District Court on February 28, 2006. On May 1, 2009, the Defendant was notified of a fine of KRW 2,50,000 as a same crime in the same court, and was notified of a fine of KRW 3 million in the same court on August 17, 2009.

On April 19, 2013, the Defendant: (a) driven C Launa car in the state of alcohol alcohol concentration of 0.107% without a driver’s license, from the front of the “Cheongong-dong,” located in the Northern-gu, Northern-dong to the front of the Central Elementary School located in the same Gu, at approximately 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

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 an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

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