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(영문) 대구지방법원 김천지원 2013.08.14 2013고단651
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 18, 2007, the Defendant issued a summary order of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court, and on February 11, 2009, in the Daegu District Court Kimcheon Branch of the Daegu District Court, the Defendant issued a summary order of seven million won for a violation of the Road Traffic Act (driving). On January 25, 2013, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch of the Daegu District Court on January 25, 2013.

On April 11, 2013, at around 12:50, the Defendant driven BT10 Obane while under the influence of alcohol leveling 0.075% without obtaining a motorcycle driver’s license from around 300 meters in a section of approximately 300 meters from the front of Kimcheon-si, Kimcheon-si, the CT100 Obane, which was driven by the Defendant, from around 206 to the front of Kimcheon-si, the CT10.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of sound driving) for criminal facts, and Article 154 subparagraph 2 of the Road Traffic Act, “Article 152 subparagraph 1 of the Road Traffic Act” appears to be written in writing.

§ 43. Points of Driving Motor Vehicles without Driver's License

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to four times from October 2007 to January 201, 2013 due to drinking or unlicensed driving, but the liability for the instant crime was not provided for in the instant crime. On the other hand, considering the fact that the blood alcohol concentration is not high, and that the blood alcohol concentration is against the order, the punishment is determined as set forth in the Disposition.

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