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(영문) 대구지방법원 2014.07.24 2014고단3015
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 July 20, 2006, the Defendant received a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court. On March 8, 2012, the Defendant received a summary order of KRW 3,00,000 as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court.

On April 30, 2014, at around 22:00, the Defendant driven a C rocketing car with approximately 10km alcohol concentration 0.154% under the influence of alcohol without obtaining a driver’s license from the front road of the Dowon-dong in Daegu Seo-gu, Seogu, Daegu to the front road of the claim power plant located in the same Sipo-gu, Sipo-dong from about 22:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

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

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

1. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has been punished several times for the same kind of crime, and that he again commits the crime in this case, the liability for the crime in this case is not provided against the defendant, but the defendant has no criminal record of suspended execution or higher, and the defendant has no criminal record of suspended execution or higher, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered and determined as ordered by the order.

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