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(영문) 대구지방법원 2014.10.16 2014고단2017
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 September 6, 2010, the Defendant was issued a summary order of KRW 1,000,000 as a crime of violating the Road Traffic Act (driving) with the sex support of the Daegu District Court on September 6, 2010, and on November 13, 2013, the Defendant was issued a summary order of KRW 3,00,000 as a crime of violating the Road Traffic Act (driving) at the Daegu District Court on November 13, 2013.

On March 29, 2014, the Defendant driven a motor vehicle of approximately 3 kilometers Bsch Rexton in front of the roads located in the same Dondo, Daegu-gu, under the influence of alcohol content of 0.108% under the influence of alcohol without obtaining a driver's license on March 29, 2014.

On July 29, 2014, at around 18:40, the Defendant driven the said C Costex Sheet while under the influence of alcohol content of about 0.214% without obtaining a driver’s license from around the front of the Kuguri-gu Kugho-gu, Geumcheon-si to the same Eup/Myeongho-ri Korean Road.

Summary of Evidence

"2014 Highest 2017"

1. Defendant's legal statement;

1. Report on the control of drinking alcohol driving, and report on the actual state of drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in its judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to summary orders);

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (formers and confirmations during trial period);

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social services;

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