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(영문) 대구지방법원 포항지원 2013.10.17 2013고단863
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 15, 2010, the Defendant was notified of a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court, and on November 15, 2012, the Defendant was notified of a fine of KRW 6 million by the same court as the same crime.

On August 10, 2013, around 16:30, the Defendant driven B Calp car with the blood alcohol concentration of 0.257% under the influence of alcohol without a car driver’s license at a 10-meter section prior to the “cafeteria cafeteria” located in the port of Yong-gu, Nam-gu, Yongcheon-gu, Seoul.

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. Application of the statutes on the register of driver's licenses;

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

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