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(영문) 대구지방법원 2013.04.04 2013고단1245
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Criminal power is sentenced to a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Daegu District Court on December 3, 2008, and on December 28, 2010, the defendant was sentenced to a suspended sentence of 2 years for the same crime in October of 2010 and was sentenced to a suspended sentence of 2 or more times for a crime of violation of the Road Traffic Act.

Criminal facts

On January 9, 2013, at around 23:40, the Defendant driven a B-hand car with a blood alcohol content of at least 0.128% while under the influence of alcohol without obtaining a driver's license from the public parking lot near the main common parking lot located in the city of Gangseo-gu, Busan to the five-year main road in the same Dong from the main parking lot to the five-year main road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the occurrence of a traffic accident with respect to C and D;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Notice of completion of correction;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records and criminal investigation reports (attached rulings and copies of summary orders) shall be applied by 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 an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order includes the defendant's responsibility for the reason of sentencing. However, considering the fact that the defendant seriously reflects the defendant, the criminal records of the same drinking are two times within the last five years, the defendant's custody of the defendant is expected to entail excessive difficulty to his/her family members in light of the fact that he/she has supported his/her parents and children while working for a day-time work, the sentence is determined as ordered by taking into account all the normal materials revealed in the trial process.

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