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(영문) 대구지방법원 2013.07.04 2012고단4133
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant appears to have written indictment in the Daegu District Court on January 14, 2009 that “one million won of a fine” as stated in the indictment for a violation of the Road Traffic Act, etc. is a clerical error.

(See Articles 44, 49 of the Investigation Records) 44, 40, 200,000 won as a crime of violating the Road Traffic Act at the Daegu District Court on October 4, 201, and 3 million won as a crime of violating the Road Traffic Act at the Seo branch court of the Daegu District Court on March 22, 2011, which received a summary order of a fine of three million won or more as a crime of violating the Road Traffic Act.

On May 10, 2012, at around 01:00, the Defendant driven a BNS car under the influence of alcohol without a vehicle driver’s license at approximately KRW 3 km section from the front of the “FS cafeteria” road located in the Daegu Suwon-dong, to the front of the “BS YYYYY” road located in the Daegu Suwon-gu, Suwon-gu.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. License register;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports (Attachment to judgment, 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. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

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