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(영문) 대구지방법원 김천지원 2015.12.03 2015고단1307
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

On November 22, 2007, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act, etc. at the Daegu District Court Kimcheon Branch on November 22, 2007, and on January 29, 2014, the Defendant issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on five occasions.

On October 15, 2015, the Defendant driven a B Sti-type car under the influence of alcohol content of 0.087% without obtaining a driver’s license from a section of about 10 meters from the front of the gamballel road located in the gambane in the Gu, Si, Si, Gu, Si, Si, to the front road of the Gu, Si, Gu, Seogdong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driver;

1. Application of Acts and subordinate statutes of three copies of criminal records, reply reports, and 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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., the frequency and timing of punishment due to the same kind of crime, timing of punishment, words and walking conditions at the time of the crime as indicated in the judgment; however, a fine exceeding the fine is not imposed; there is no accident causing the crime; there is no accident causing the crime; support for a baby is being supported under poor circumstances as an elderly; and support for a baby not to repeat the crime; etc. is considered);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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