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(영문) 대구지방법원 김천지원 2015.09.09 2015고단614
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 December 26, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do branch on December 26, 201, and on November 12, 2014, the Defendant issued a summary order of KRW 5 million for the same crime in the same court.

On May 20, 2015, the Defendant was punished for drinking twice or more as above, but around 22:45 on May 20, 2015, the Defendant driven a Bbppp vehicle under the influence of alcohol concentration of about 0.097% without obtaining a driver’s license in the section of about 1k from the Paris Round, which is located in Jin-dong, Sinsi, Sinsi, Sinsi, to the front day of the Gindong Do-do Do-ro Do-ro Do-ro

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses, disqualified documents of the main office, and details of revocation of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the Criminal Act provides that the defendant recognized all of the crimes in this case and reflects his mistake, and does not cause an accident due to the crime in this case, and other factors such as the defendant's age, character and conduct, environment

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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