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(영문) 대구지방법원 2013.11.07 2013고단5305
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 March 16, 2010, the defendant has been punished two times or more for the violation of the Road Traffic Act (driving) by being sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on March 16, 201, and by being sentenced to a fine of KRW 3 million due to the same crime at the same court on November 20, 2008.

Criminal facts

On September 6, 2013, at around 00:38, the Defendant, without a driver’s license, driven CA car at a section of approximately 200 meters from the front of the convenience store in the 25th city of the culture in the Gandong-ri, North Gandong, the Gyeongdong-gu, the 0.204% alcohol concentration without a driver’s license, to the front of the Ganwon located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Disqualifications of the main office;

1. Detailed details of the driver's license;

1. Previous records: Application of inquiry reports and investigation reports (Attachment of a copy of summary order) related to criminal records, etc.;

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. The punishment as ordered shall be determined, taking into consideration all the normal data revealed in the trial process, such as the fact that the defendant was charged with the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture, but there is no criminal conviction or heavier than the suspension of execution, the fact that the defendant does not reach recidivism, and the blood alcohol concentration, driving distance, age, occupation, etc. of the defendant;

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