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(영문) 대구지방법원 경주지원 2013.06.12 2013고단249
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 October 24, 2006, the Defendant has been sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court and the racing support on October 24, 2006, and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the same court on March 26, 2013, respectively, and has violated Article 44(1) of the Road Traffic Act more than twice.

Nevertheless, the Defendant, at around 18:00 on March 8, 2013, operated the said vehicle under the influence of alcohol concentration of approximately 0.101% without obtaining a driver’s license from the front of the national housing located in the Sungcheon-dong, Seocheon-si, Seocheon-si to the front of the land village restaurant located in the 8km-dong, Seocheon-si, Sejong-si, and without obtaining a driver’s license from the section of approximately 8km-si to the front of the land village restaurant located in the dong-dong, Seocheon-si. The Defendant continued to drive the said vehicle at around 20:19 on the same day without obtaining a driver’s license from the section of approximately 500 meters from the front of the national housing located in Seocheon-dong, Seocheon-dong, Seocheon-

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (28 to 32 pages of investigation records);

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 sentence alternative imprisonment (including criminal punishment records, drinking water, driving distance, etc.);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The Institute of Jind Co., Ltd.

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