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(영문) 대구지방법원 김천지원 2014.11.05 2014고단961
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 February 11, 2011, the Defendant issued a summary order of KRW 2 million for a fine of KRW 3 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, on October 31, 2013, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million for the same court on July 8, 201, respectively.

On September 4, 2014, at around 22:25, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of 0.100%, without obtaining a driver’s license, at a section of about 5 km from the front of a restaurant of “Yancheon-si, Kimcheon-si” to the front of “Yancheon-si,” located in the same city assets.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same criminal records);

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. Although an order to attend a lecture had a history of punishment several times for the same kind of crime for sentencing under Article 62-2 of the Criminal Act, it is very heavy for the crime to run under drinking in the state of unauthorized license.

However, in consideration of the fact that there are no criminal records of the suspension of execution or more, the reflective fact, and the family members, the punishment shall be determined as ordered.

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