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(영문) 대구지방법원 경주지원 2015.11.11 2015고단701
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 4, 2013, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act in Daegu District Court and racing support on December 4, 2013, and on December 30, 2013, the same court issued a summary order of KRW 4 million due to the same crime, etc., and was sentenced to a penalty of at least twice for a violation of the Road Traffic Act.

Nevertheless, at around 20:40 on July 23, 2015, the Defendant driven C Lasta car under the influence of alcohol by 0.084% without obtaining a driver's license from the front of the cafeteria in the mutual influent cafeteria-dong in the racing-si to the front day of the 1.5km-dong in the racing-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Two copies of the report on detection of the violation of the Road Traffic Act (driving without a license) and the report on the circumstantial statement of the driver with no license, the report on detection of the driver with no license, the report on detection of the driver with no license, the inquiry into the results of the crackdown on drinking driving, the report on internal investigation, the management and inquiry into the report on driving with no license, the register of driver's license, the car

1. Previous records of judgment: Criminal records, etc., an inquiry report, an investigation report (verification of the records of punishment for a suspect's drunk driving on not less than twice) and a copy of summary order application of two Acts and subordinate statutes;

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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