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(영문) 대구지방법원 안동지원 2014.09.26 2014고단323
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 September 18, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on September 18, 2008, and a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) in the same court on March 21, 2012.

【Criminal Facts】

On April 25, 2014, at around 17:40, the Defendant driven a motor vehicle B, without a driver's license, while under the influence of alcohol concentration of approximately 7 KK from around 17 KK to the Do in the city of Do in front of the Do in terms of blue-gun's name, to the Do in the city of bankruptcy, the Defendant driven a vehicle B, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the de facto survey report, report on detection of a de facto driver, and driver’s license ledger;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the choice of imprisonment and the point of drinking alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e., Supreme Court Decision 200

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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