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(영문) 대구지방법원 경주지원 2015.02.12 2014고단901
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 May 26, 200, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Jinwon District Court's Jinju branch on April 5, 2010, a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court's Daegu District Court's racing support on April 5, 201, and on September 9, 2010, a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) was respectively issued.

【Criminal Facts】

On September 26, 2014, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven a B-hurd motor vehicle with a blood alcohol concentration of at least 0.178% under the influence of alcohol without obtaining a driver license from around the 100-meter section in front of the east-dong, East-dong, East-dong, East-dong, East-dong, East-dong, for the purpose of driving the vehicle with a blood alcohol concentration of at least 0.178%.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of drinking control;

1. License register;

1. Previouss before ruling: Application of criminal records, inquiry 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. 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 (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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