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(영문) 대구지방법원 안동지원 2014.10.24 2014고단530
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

[criminal power] On October 17, 2013, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on the grounds of the violation of the Road Traffic Act, and a fine of KRW 3 million for the same crime in the above court on January 16, 2014.

【Criminal Facts】

On June 6, 2014, at around 15:20, the Defendant, without a driver’s license, driven a B 1t-on truck from about six meters to the front of the master’s station in the same way, from the front of the Gin-si restaurant located in the safe-time compost, while under the influence of alcohol of 0.158% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Division: Application of the Act and subordinate statutes on criminal records, inquiry reports, investigation uniforms (Attachment to the same summary order);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service (hereinafter “Order”) are as follows: (a) the Defendant committed the same kind of crime several times in a short period, and cannot be deemed to be less strict liability; (b) the Defendant appears to recognize his mistake and reflect his attitude; and (c) the Defendant again appears to not commit such a crime, taking into account all the conditions stipulated in Article 51 of the Criminal Code, and selected a suspended sentence.

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