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(영문) 대구지방법원 2014.02.06 2013고단5986
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 August 7, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court on August 7, 2006, and a fine of five million won for a violation of the Road Traffic Act at the Daegu District Court on October 10, 2013, respectively.

Criminal facts

On September 29, 2013, at around 00:20 on September 29, 2013, the Defendant driven CM3 automobiles under the influence of alcohol content 0.235% without obtaining a driver’s license, from around the Defendant’s house in Busan City B and 102 to the front day of the Bohsan-dong in the Bohsan-si. In addition, the Defendant driven CM3 automobiles without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the result of the crackdown on drinking driving;

1. Report on the circumstances of the driving of a motor vehicle;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes (Attachment to previous records and copies of judgment);

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. Although the punishment of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important, the punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the defendant's past criminal punishment records, blood alcohol concentration numbers, driving distance, his age, occupation, family relation, etc.

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