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(영문) 대구지방법원 김천지원 2013.11.14 2013고단1180
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

[criminal power] On November 10, 2009, the Defendant was issued a summary order of KRW 1500,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court for the crime of violation of the Road Traffic Act, and on January 6, 2012 by the same court for the same crime.

【Criminal Facts】

At around 22:50 on September 3, 2013, the Defendant, who had driven two times or more, driven B rocketing car while under the influence of alcohol content of 0.107% without a driver’s license, on the road front of the Song Jong-si cafeteria that is in the Song-si, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on detection of the motor vehicle under consideration, and report on the circumstantial statement of the motor vehicle under consideration;

1. Details of disposition for cancellation of driver's license and disqualified cases of main office;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Du111, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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