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(영문) 대구지방법원 서부지원 2015.08.07 2015고단866
도로교통법위반(무면허운전)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

On May 24, 2010, the Defendant was notified of a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) in the Western Branch Branch of the Daegu District Court (Seoul District Court) and a fine of five million won due to a violation of the Road Traffic Act (driving on July 16, 2013) in the Western Branch Branch of the Daegu District Court (Seoul District Court).

On May 8, 2015, at around 15:53, the Defendant driven a C rocketing car with a blood alcohol content of 0.107% under the influence of alcohol without obtaining a driver’s license from around the street in front of the Dasan water complex located in the Dasan-si, Dasan-si, Gyeongcheonwon-gun, Daegu-gun, to around the street in front of the Hongcheon-si.

As a result, the defendant was driving a motor vehicle under the influence of alcohol, even though he had a record of punishment twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Application of a reference inquiry report including criminal records, and Acts and subordinate statutes to a criminal investigation report (Attachment to a summary order of the same kind of case);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Do1148, Feb. 1, 2011; Supreme Court Decision 201Do129, Feb. 1, 2012)

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

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