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(영문) 대구지방법원 2014.11.27 2014고단4838
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 April 17, 2009, the defendant was sentenced to a summary order of 2.5 million won by a fine due to a violation of the Road Traffic Act (driving) at the Daegu District Court on July 11, 201, and a summary order of 4 million won by a fine at the Daegu District Court on July 11, 2014, and two times as a crime of violation of the Road Traffic Act (driving).

On August 19, 2014, the Defendant, without obtaining a driver’s license at around 23:10 on August 23, 2014, driven a Cunch-free car at approximately 300 meters away from the front of the Gandong Doldong Doldong Doldong Doldong Doldong Doldong Dol-gu Doldong to the road adjacent to the same Dou Dou apartment in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

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

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 of Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order was sentenced several times for drinking driving, and the license was revoked, and again committed the crime of this case while the defendant was sentenced to the punishment of this case. However, the defendant's mistake is divided and reflected, the defendant has no criminal record of suspended execution or more, the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and other all the sentencing conditions of this case, including the circumstances after the crime, shall be determined as ordered.

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