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(영문) 대구지방법원 2015.01.29 2014고단5859
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 16, 2006, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on November 16, 2006, and a fine of three million won for the same crime at the Daegu District Court on September 26, 2012.

On October 18, 2014, at around 07:05, the Defendant driven D truck under the influence of alcohol content of 0.156% without obtaining a driver’s license for a section of about 300 meters from the front of the Defendant’s house located in the Glurg-gun, Glurg-gun, Gyeongbuk-do to the front day of the Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. The driver's license ledger;

1. Previous records: Application of investigation reports (report attached to the same type of judgment, etc.) 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 (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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