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(영문) 대구지방법원 2015.10.15 2015고단4274
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

[criminal power] On October 6, 2009, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act at the Daegu District Court, and on August 8, 2011, the same court issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act.

【Criminal Facts】

On August 21, 2015, the Defendant, without obtaining a driver’s license at around 21:10 on August 21, 2015, driven BM5 car at the section of about 1 km from the front of a restaurant where it is difficult to find out the trade name in the pipe of the approximately 0.127% of blood alcohol concentration on the side of the drug in the Gyeongbuk-gun, Gyeongbuk-gun, a restaurant where it is difficult to find out the trade name in the pipe of the approximately 0m., and from the road below the d

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous conviction: Application of a copy of summary order;

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 (a person who supports his/her confession, reflects, or natives, and a person who has no record of suspended execution or any crime in the same kind of crime);

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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