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(영문) 대구지방법원 경주지원 2014.11.20 2014고단546
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 June 13, 2011, the Defendant was punished for drinking driving two or more times by a fine of 2.5 million won due to a violation of the Road Traffic Act, and a fine of 2 million won due to a violation of the Road Traffic Act in the same court on May 9, 2014.

Nevertheless, at around 05:30 on June 29, 2014, the Defendant driven approximately 3 km B-low-scale car on the front side of the Sin-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written inquiry about the result of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry records, and application of three-minutes of judgment;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 (including blood alcohol concentration, background of the crime, time of the crime, the fact that there is no previous offense other than the fine, and the fact that it is against the law);

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

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