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(영문) 대구지방법원 서부지원 2014.09.05 2014고단884
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 September 14, 2006, the Defendant issued a summary order of KRW 4 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch on September 14, 2006, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act on November 28, 2007, and the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act on October 22, 2010, and issued a summary order of KRW 5 million for a violation of the Road Traffic Act on July 15, 2013 at the distribution branch of the Daegu District Court on July 15, 2013.

On May 29, 2014, the Defendant, without obtaining a driver’s license on May 23:25, 2014, driven a B string car at a section of approximately 200 meters for the road following a Daegu prison located in the influence of the Daegu-gun in front of a cafeteria located in the Ri of the Daegu-gun, Seowon-gu, Seowon-gu, Daegu-do, the 0.185% alcohol content without obtaining a driver’s license.

As a result, the defendant did not obtain a driver's license, and at the same time, violated the prohibition provisions on driving under the influence of alcohol more than twice, but has driven a motor vehicle under the influence of alcohol in violation of the above provisions

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of severe punishment except a fine, the fact that a vehicle is sold, etc., and the fact that a driver does not drive the vehicle without a license, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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