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(영문) 대구지방법원 경주지원 2013.12.24 2013고단708
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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, 2013, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in Daegu District Court and racing support.

1. On April 27, 2013, the Defendant: (a) around 19:30 on April 27, 2013, the Defendant driven C cargo while under the influence of alcohol content of about 0.186% without a vehicle driver’s license from approximately 100 meters to around the 59-1st road in front of the same Eup/Myeonn-ri cafeteria to the same Eup/Myeonn-ri cafeteria.

2. The Defendant, who committed a crime around May 23, 2013, has been under the influence of drinking twice or more as above.

On May 23, 2013, at around 20:45, the Defendant driven the said vehicle under the influence of alcohol content of about 0.087% without the driver’s license, from around 60 meters away from the front of a citizen restaurant in the outer-dong Eup, Gyeong-dong, Foreign-si to the front of the four-distance distance in the same rimanwon.

Summary of Evidence

1. Defendant's legal statement;

1. Each host driver report;

1. Details of driver's license revocation and the register of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the same criminal records as suspects);

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a drunk driving on April 27, 2013), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving on May 23, 2013), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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