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(영문) 대구지방법원 경주지원 2015.08.27 2015고단453
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 January 15, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Port Branch of Daegu District Court on January 15, 2009; the summary order of KRW 3 million for the same crime from the Daegu District Court on April 26, 2012; the summary order of KRW 4 million for the same crime from the Port Branch of Daegu District Court on May 1, 2012; and the summary order of KRW 8 million for the same crime at the same court on March 4, 2015; and was punished twice or more for the violation of the Road Traffic Act (driving).

Nevertheless, on May 15, 2015, at around 00:16, the Defendant driven a Bland with blood alcohol concentration of at least 0.051% under the influence of alcohol without obtaining a driver’s license from approximately 500 meters from the front of the floor funeral hall of the Haak River located in the Dog-si, Sim-si, Sim-si to the front road in front of the store of the "colfing shop" located in the Sim-si, Sim-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a person suspected of violating the Road Traffic Act (driving, driving without a license), notification on the results of the regulation of drunk driving, and statement on the state of a driver under influence;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and copies of summary orders by six copies of the relevant Acts and subordinate statutes;

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. All the records of this case, such as the fact that he sold vehicles under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the fact that the parents want to take the front line and the defendant reflects his wife, the blood alcohol concentration of the defendant, the age, character and conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime.

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