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(영문) 대구지방법원 2014.11.13 2014고단4519
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 May 1, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on March 30, 201, a fine of one million won for the same crime in the same court on March 30, 201, and a fine of two million won for the same crime in the same court on August 22, 201, and two or more times for a violation of the Road Traffic Act (driving) at the same court on August 22, 2011.

On September 1, 2014, the Defendant, without obtaining a driver’s license on a motor vehicle on September 1, 2019.31, operated a clance motor vehicle from a cafeteria located in the northwest-si, Yongcheon-si to the front side of the Blcheon-si, in the state of drunk alcohol concentration of 0.122%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has been punished three times for drunk driving and one time for unlicensed driving, and the license has been revoked, and again committed the instant crime under the circumstances where the license has been revoked. However, the Defendant’s mistake has been divided and reflected, and the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and other various sentencing conditions specified in the instant case, including the circumstances after the commission of the crime, shall be determined as ordered by considering the following as a whole.

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