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(영문) 대구지방법원 김천지원 2015.07.02 2015고단389
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 25, 2014, the Defendant was sentenced to a fine of 5 million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 25, 201, and the same court was sentenced to a fine of 3.5 million won for the same crime on June 10, 201 and had the same record of four times in total.

At around 16:00 on April 7, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.116% without obtaining a driver’s license from the front road of the mountain market in the Sinsan-si in the Sinsan-si, Kimcheon-si to the front road in the Taecheon-si, Taecheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a driver under consideration;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, disqualified meetings of the main office, investigation reports (a copy of the details of revocation of driver's license);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the frequency of previous departments and the timing of final punishment, statutory attitude, etc., it is difficult to see that it seriously reflects on the crime in light of the frequency of previous departments, the timing of final punishment, the degree of statutory attitude, etc.; however, there is no accident caused by the crime in the judgment; and the fact that there is no

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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