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(영문) 대구지방법원 2014.01.09 2013고단6601
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 June 13, 2013, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Seo-gu District Court's Seo-Support on June 13, 2013, and a summary order of KRW 1.5 million for the same crime at the Daegu District Court on November 26, 2013, and was punished two times or more for a violation of the Road Traffic Act.

Criminal facts

On November 2, 2013, at around 07:32, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.116% without obtaining a driver’s license from the front side of the Dosan apartment in the Daegu Suwon-gu, Daegu-gu to the front side of the two km distance in the same Dong, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Before ruling: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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. Order to attend a compliance lecture under Article 62-2 of the Criminal Act;

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