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(영문) 대구지방법원 2014.10.23 2014고단4027
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 28, 2006, the Defendant received a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 22, 2007, a summary order of KRW 5 million for a violation of the Road Traffic Act (driving without a license), and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving without a license) at the same court on May 23, 2014, respectively, by the same court on May 23, 2014.

On May 17, 2014, the Defendant driven Crane XG car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.275% without obtaining a driver’s license from the front of the New Young-gu, Daegu-gu, Daegu-gu, 2014 to the front of the same Gu, the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. A license inquiry;

1. Report on the results of the regulation on driving of a driving school and on the detection of a driving driver;

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

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 under Article 62-2 of the Criminal Act is that the defendant was punished several times for drunk driving, and again committed the crime of this case while his license was revoked. 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 all of the sentencing conditions in this case, including the circumstances after the crime, shall be determined as ordered by considering the following as a whole.

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