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(영문) 대구지방법원 2014.07.24 2014고단2579
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 September 22, 2006, the Defendant received a summary order of fine of KRW 700,000,000 from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on June 5, 2013 to a fine of KRW 3 million by the same court.

On May 9, 2014, at around 01:05, the Defendant driven B Obba in the state of alcohol with approximately 0.240% alcohol concentration from the Do in front of the Maldong-gu Maldong-gu Maldong-gu Maldong-gu to the Maldong-Dong-dong-dong-dong-dong-ro, without obtaining a driver’s license on the section of approximately 100 meters of alcohol content.

Accordingly, the defendant, who has violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again while driving a motor vehicle without obtaining a license for a motor bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished twice or more due to drunk driving, and again committed the crime of this case. However, the defendant's mistake is divided and reflected, there is no criminal record of suspended execution or more, the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, etc. shall be comprehensively considered and determined as the sentence of this case.

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