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(영문) 대구지방법원 포항지원 2014.01.09 2013고단1220
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 November 1, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the port branch of Daegu District Court on November 1, 201, a fine of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) at the same court on June 2, 201, and a fine of KRW 8 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) at the same court on October 1, 2013.

On October 29, 2013, the Defendant, without a driver’s license, driven a 50-meter B non-car without a driver’s license on October 29, 2013, from the front road of the Gosung High School located in the north-gu in the north-dong at the port at the port to the front road of the Cheonghae-gu located in the same Dong, while under the influence of alcohol by 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, past records of dispositions, results of confirmation of dispositions, investigation reports (former records and reports attached to judgments), and 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. Order to attend lectures under Article 62-2 of the Criminal Act;

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