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(영문) 대구지방법원 경주지원 2015.02.12 2014고단918
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, at the Daegu District Court on August 7, 2006, received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) from the Daegu District Court on June 20, 2007, a summary order of KRW 4 million as a fine for the same crime in the same court on June 20, 2007, and a summary order of KRW 8 million as a fine in the same court on January 25, 2013, and received a summary order of KRW 8 million as a fine for the same crime on at least two occasions as a crime of violation of the Road Traffic Act.

Nevertheless, at around 02:50 on September 19, 2014, the Defendant driven B wing-in freight without obtaining a driver’s license from the 1km section of approximately 1km to the intersection in the written agency in the racing-si, on the roads near a restaurant located in the Aririri in the city of Ariri-si, the Defendant driven B wing-in freight with the blood alcohol concentration of 0.163% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of four-minutes of criminal history records, and a copy of summary order;

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 (i.e., reflective points, age, etc.);

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

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