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(영문) 대구지방법원 2015.08.13 2015고단2508
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2011, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act, etc. at the Daegu District Court on July 19, 201, and sentenced to a fine of seven million won by a crime of violation of the Road Traffic Act, etc. at the Daegu District Court on July 19, 201, and issued a summary order of seven million won by a fine at the Daegu District Court on July 10, 2013.

On June 3, 2015, at around 10:20, the Defendant driven a B car under the influence of alcohol content of 0.059% without obtaining a driver’s license from the front of the Daegu Residents’ Center in Daegu to the front of the Daegu North Korean Industrial Complex Distribution Complex to the end of the KTFok-gu North Korean Industrial Complex.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of investigation reports (report on binding records, such as decisions of drinking drivers, etc. not less than twice);

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 (the suspension of execution of a sentence shall be deferred only once considering the fact that the amount of drinking alcohol is relatively low although there are many persons of the same rank, reflectivity, and the same kind of force);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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