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(영문) 대구지방법원 포항지원 2013.10.30 2013고단921
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 December 19, 2008, the Defendant was sentenced to a fine of two million won by the Suwon District Court for a violation of the Road Traffic Act, and a fine of one million won by the Seoul Northern District Court on October 11, 201 as the same crime.

On September 21, 2013, the Defendant, without obtaining a driver’s license on September 21, 2013, driven B earth and car at approximately 300 meters from the front side of the Gandong Seog-dong, Seogyeong-dong, Seogyeong-dong, North Korea, in the state of alcohol of 0.110% of the blood alcohol concentration without obtaining a driver’s license on September 21, 2013, to the front road of the same Kudong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a summary order of the same kind of suspect's power);

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., Article 62 (1) of the Criminal Act, such as the confession and reflection of the accused, and the absence

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

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