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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1209
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 May 15, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on May 15, 2009, a summary order of KRW 2 million for the same crime in the same court on July 1, 2010, a summary order of KRW 2 million for the same crime in the same court on October 1, 2013, and a summary order of KRW 5 million for the same crime at least twice in the same court on October 1, 2013, respectively, and was punished for a violation of the Road Traffic Act (driving).

On October 29, 2013, the Defendant, without a driver’s license, driven B Mt Motor Vehicles at a section of approximately 300 meters in front of the Cita Center in front of the Cita Center located in the south-gu Citadong at the port of port, while under the influence of alcohol by 0.102% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, 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) 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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