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(영문) 대구지방법원 서부지원 2013.09.12 2013고단757
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 June 11, 2007, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) from the Seogu District Court Branch of the Daegu District Court. On September 13, 2007, the Defendant received a summary order of a fine of five million won for the same crime, etc. in the same court. On March 7, 2013, the Defendant received a summary order of a fine of six million won for the same crime from the Daegu District Court.

On June 13, 2013, at around 23:25, the Defendant driven a b learning car under the influence of alcohol content of 0.204% without obtaining a driver’s license from the 1km section, from the front of the arms market located in the Nowon-gu, Daegu Metropolitan City, to the front of the Dong-gu, Seogu, Seo-gu, Seoul Metropolitan City Scattering-dong, to the front of the said franc-dong, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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. Probation and community service order under Article 62-2 of the Criminal Act;

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