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(영문) 대구지방법원 포항지원 2013.11.20 2013고단944
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 November 3, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the Ponding Port of the Daegu District Court on November 3, 2008, and was suspended from indictment at the Ponding Port of the Daegu District Prosecutors' Office on December 7, 2012 for a violation of the Road Traffic Act.

On September 4, 2013, around 22:40, the Defendant driven C le-rober car in the state of alcohol alcohol content of about 0.139% without a car driver’s license at a section of approximately 300 meters in front of the home plug, which is located in the Southern-gu Stacking-dong at the port.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report (attaching a report on detection of drinking drivers, etc.);

1. A driver's license inquiry;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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