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(영문) 대구지방법원 2015.09.24 2015고단1005
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 1, 201, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act in the Daegu District Court Port Support on November 1, 201, and issued a summary order of KRW 3 million for the same crime on October 31, 2008, and issued a summary order of KRW 4 million for a fine at the Daegu District Court on October 7, 2008.

On July 20, 2013, at around 01:30, the Defendant driven a rocketing car with approximately 30 meters alcohol concentration 0.207% under the influence of alcohol without a car driver’s license at a section of approximately 30 meters prior to the chemical troke, which is located in the middle-si, Busan Metropolitan City.

around 04:40 on September 5, 2014, the Defendant driven a Cknife vehicle with approximately 500 meters alcohol concentration of 0.120 percent without a vehicle driver’s license on the front of a residential restaurant located in the Macheon-gu, Daegu Northern-dong up to the same road in front of the said Macheon-dong.

Summary of Evidence

"2015 Highest 1005"

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Investigation report (Attachment of a copy of the judgment), "2015 Highest 1014";

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on July 20, 2013), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on September 5, 2014), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of driving without the license) concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The time during which the period of detention under article 62(1) of the Criminal Code has been the time to reflect; and

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