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(영문) 대구지방법원 김천지원 2014.11.19 2014고단954
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 March 21, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do, and on March 28, 201, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act in the same court on March 28, 201.

On August 21, 2014, at around 21:40, the Defendant driven B Poter cargo under the influence of alcohol level of about 0.065% without obtaining a driver’s license in the 1km section from the front day of the death of the Sinsi, Sin-si to the front day of the Alphamun-gu located in the same Eup.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same criminal records);

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;

1. In full view of all the circumstances, such as the fact that there was a history of punishment several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, the fact that there is no reason to consider in the motive for driving, the drinking water level is not high, the fact that there is no criminal record of suspended execution or higher, the fact that there is no criminal record of suspended execution or higher, the circumstances favorable to the reflection, and other circumstances, such as the defendant's age, character and conduct, the environment

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