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(영문) 대구지방법원 서부지원 2013.11.28 2013고단1235
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

[criminal power] On April 24, 2006, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act (driving) at the Changwon District Court's branch court's branch court on September 24, 2008. On September 24, 2008, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act (driving). On October 10, 2012, the Defendant issued a summary order of four million won or more for a violation of the Road Traffic Act (driving) at the Seogu District Court's branch court's branch court.

【Criminal Facts】

On September 3, 2013, at around 23:00, the Defendant driven a B-purd vehicle under the influence of alcohol level of about 0.146% without obtaining a driver’s license from the front of a mutually influent restaurant located in the Gyeong-si, Kim Jong-si, Chungcheongnam-si to the same burmo road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. A previous conviction in judgment: An inquiry letter and the application of Acts and subordinate statutes of a criminal investigation report (Attachment to a 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;

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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