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(영문) 대구지방법원 경주지원 2013.09.17 2013고단442
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 9, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in Daegu District Court racing support on March 9, 2007; on March 3, 2008, a fine of four million won for a violation of the Road Traffic Act (driving without a license); and on April 12, 201, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving without a license).

On May 15, 2013, at around 21:18, the Defendant driven a B-car under the influence of alcohol content 0.166% without a car driver’s license, from approximately 1km section from the front day of the 201k-dong, Gyeong-dong, Gyeong-dong, Foreign-si, Foreign-si, to the roads prior to the same Ritoo Communications.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports, and criminal records of the same kind of crime;

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. Article 62-2 (1) of the Criminal Act concerning orders to attend lectures and orders to provide community service;

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