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(영문) 대구지방법원 경주지원 2014.08.21 2014고단359
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 June 29, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Busan District Court on May 6, 2010, a fine of KRW 2.5 million as a fine for the same crime from the Daegu District Court and racing support on May 6, 2010, and a fine of KRW 5 million as a fine in the same court on February 3, 2014.

Nevertheless, at around 22:35 on May 11, 2014, the Defendant, without a vehicle driver’s license, driven a volume B truck with approximately KRW 200 meters from the entrance of the Rosheshesheshesheet at the top of the same rishesheshesheshesheet, in the influence of alcohol content of at least 0.15%.

Accordingly, the defendant, who has driven a motor vehicle twice or more, was driving a motor vehicle under the influence of alcohol again while driving a motor vehicle under the influence of alcohol at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previouss before and after judgments: Criminal history records, round-to-door references, and application of three copies of the judgment;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction of a fine, and the fact that it is against it);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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