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(영문) 대구지방법원 김천지원 2013.10.16 2013고단971
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

The Defendant is a person who has violated the prohibition on driving a motor vehicle under the influence of alcohol on November 13, 2007 by driving a motor vehicle under the influence of alcohol 0.189% on April 8, 2013 and under the influence of alcohol 0.103% on April 8, 2013 at least twice.

On July 10, 2013, at around 22:23, the Defendant driven B low-priced car under the influence of alcohol concentration of 0.169% without a driver’s license, on the slock, located in the Gumpo-dong, Simpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had been subject to three times of criminal punishment due to drunk driving, etc. or unlicensed driving from around December 2007, and in addition, if the crime of this case was committed, the liability for the crime of this case is not less light, but the fact that the defendant has no record of punishment more than the suspension of execution, and that he reflects it, etc., the punishment as ordered shall be determined in light of the overall circumstances.

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