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(영문) 대구지방법원 포항지원 2013.06.27 2013고단449
도로교통법위반(음주운전)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 July 15, 2009, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the port branch of Daegu District Court on July 15, 2009, in the same court on August 3, 2009, as a fine of KRW 1 million for a violation of the Road Traffic Act (driving) and on May 18, 201, with the same court on May 18, 201, as a penalty of KRW 4 million for a violation of the Road Traffic Act (driving without a license).

On May 3, 2013, at around 01:50, the Defendant, without obtaining a driver’s license, driven a BL car at a section of about 100 meters from the 100-meter radius from the Do before the aid and colon in the Nam-gu, Yongcheon-gu, Ocheon-gu, Seoul, to the end of the end of the end of the Yhohop in the same Ri, while under the influence of alcohol content of 0.107%.

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;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports (report on filing of copies of summary orders on the same past record);

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;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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