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(영문) 대구지방법원 경주지원 2014.08.12 2014고단301
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant issued a summary order of a fine of KRW 6 million for a violation of the Road Traffic Act at the Daegu District Court and racing support, and on September 1, 2010, the Defendant was punished nine times for the same crime in addition to imprisonment with prison labor for the same crime in the same court on September 1, 2010.

On March 18, 2014, at around 20:00, the Defendant driven B truck in approximately 2 km from the front side of the Yellownam Eastdong Center, Chungcheongnam-si to the front side of the same city train station in the same hours, while under the influence of alcohol with a blood alcohol content of 0.056% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of each of the statutes applicable to each of the judgment;

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 on the stay of execution (Considerations such as the reflection of the fact, the fact that blood alcohol content is low, the age of the defendant, background of the crime, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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