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(영문) 대구지방법원 경주지원 2014.01.22 2013고단740
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 March 2, 2007, the Defendant was issued a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. in Daegu District Court racing support, and on July 20, 201, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act, etc. in the same court on July 20, 201, and was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act.

Nevertheless, on November 8, 2013, at around 21:45, the Defendant driven B-be under the influence of alcohol content of 0.090% without obtaining a driver’s license from a section of about 30 meters in front of the 30-meter radius from the side of the dong-dong Eup’s accommodation to the front of the dong-Eup’s Community Center located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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. The crime of this case under Article 62-2 of the Criminal Act on probation and order to attend the course of education is deemed to have driven under the influence of alcohol without obtaining a driver's license, and the crime of this case is not good, and the defendant has a history of criminal punishment for violating the Road Traffic Act until now, and the defendant has been sentenced to a suspended sentence for 8 months due to the crime of violation of the Road Traffic Act in the Daegu District Court racing support on July 20, 201, although he had a history of being sentenced to a suspended sentence for 2 years due to the crime of violation of the Road Traffic Act, it is reasonable to punish the defendant strictly considering that he committed the crime of this case since it has not been well-founded from the end

However, the defendant does not commit a second offense while committing his crime.

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