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(영문) 대구지방법원 김천지원 2014.07.16 2014고단484
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 February 3, 2010, the Defendant was sentenced to a fine of 1.5 million won for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on February 3, 2010, and on May 24, 2013, the same court issued a summary order of 3 million won for the crime of violation of the Road Traffic Act.

On May 3, 2014, at around 23:45, the Defendant driven B-low-scale car under the influence of alcohol of about 0.108% without a vehicle driver's license on the front road of the SK station located in the same Do-dong in the same Do-dong located in the same Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, 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;

1. Although the defendant for sentencing of Article 62-2 of the Criminal Act had been punished three times due to drinking driving, the punishment for the crime of this case is not less light.

However, in consideration of the fact that there is no previous conviction or more than a suspended sentence, the punishment shall be determined as per the Disposition.

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