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(영문) 대구지방법원 2014.11.27 2014고단5277
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

The Defendant, at the Daegu District Court on July 18, 2012, is a person who has been sentenced to a fine of three million won for a violation of the Road Traffic Act, and on November 13, 2012, the same court received a summary order of three million won for the same crime, etc.

On October 17, 2014, at around 21:05, the Defendant, without a driver’s license, driven a car with 200-meter Ban 200 meters off from the front of the restaurant “indoor Packaging Trackn” located in the Jin-Eup in Min-si in Minsan-si, to the front road of the Gin-Eup in Min-si in Min-si, under the influence of alcohol by 0.142% of the blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: References to criminal records and application of Acts and subordinate statutes to criminal investigation reports;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has been punished several times for the same kind of crime, and that he again commits the crime in this case, the liability for the crime in this case is not provided against the defendant, but the defendant has no criminal record of suspended execution or higher, and the defendant has no criminal record of suspended execution or higher, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered and determined as ordered by the order.

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