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(영문) 대구지방법원 2015.08.11 2015고단2453
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 October 31, 2013, the Defendant received a summary order of a fine of three million won for a crime of violating the Road Traffic Act from the Daegu District Court Kimcheon-do branch on October 31, 2013, and a summary order of three million won for a crime of violating the Road Traffic Act at the Daegu District Court on April 24, 2015, respectively.

On May 23, 2015, at around 06:25, the Defendant driven a B-to-purd vehicle with approximately 15 meters alcohol level 0.102% under the influence of alcohol level, without obtaining a driver’s license, on the section of about 15 meters from the road near the department store of the East Asia-gu, Daegu Metropolitan City to the 126.1km-do additional surface of the Gyeong-do, Busan Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of investigation reports (verification of previous convictions) 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 (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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