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(영문) 대구지방법원 김천지원 2014.05.08 2014고단238
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 October 29, 2010, the Defendant issued a summary order of a fine of three million won or more due to a violation of the Road Traffic Act, etc. in the Daegu District Court Kimcheon branch on October 29, 2010, and a summary order of four million won or more due to a violation of the Road Traffic Act in the same court on December 31, 2010, respectively.

On February 21, 2014, at around 21:28, the Defendant driven B Poter vehicle under the influence of alcohol content of about 50 meters in front of the tree conference located in the Sinsidong at the same time, without a vehicle driver’s license, at approximately 0.059% of the blood alcohol content of the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of summary order attached);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., taking into account the values of drinking, driving distance, circumstances leading to the crime, confession, reflectivity, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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