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(영문) 대구지방법원 2012.05.23 2012고합224
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 16, 2009, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on December 16, 2009, and such summary order became final and conclusive on January 29, 2010. On May 25, 2010, the Defendant issued a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on May 25, 2010, and such summary order has

7. 2. Final and conclusive judgment, and the judgment of the Daegu District Court was sentenced to two years of suspension of execution for six months of imprisonment for a violation of the Road Traffic Act, etc. at the Daegu District Court on January 11, 201.

1. A final and conclusive date and present period of suspension of execution; and

On March 5, 2012, at around 22:05, the Defendant driven Cpoter blick-blicking Cargo Vehicles while under the influence of alcohol 0.127% of the blood alcohol concentration without obtaining a driver’s license in the upper 30-meter section of the school distance prior to the 30-meter road in the Songnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses and car-type inquiries;

1. Records before and after judgments: Criminal records, etc., inquiry reports by the prosecutor, investigation reports by the prosecutor, judgment, and application of Acts and subordinate statutes governing summary orders;

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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

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