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(영문) 대구지방법원 2013.11.14 2013고단5794
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 is a person who has been sentenced to a summary order of a fine of KRW 1 million on April 15, 2008 and a fine of KRW 1.5 million on February 9, 2009 for a violation of the Road Traffic Act at the Seog branch court of the Daegu District Court on the jurisdiction of Seogu District Court on April 15, 2008.

Criminal facts

On September 16, 2013, at around 23:05, the Defendant, without obtaining a driver’s license, driven Bunst car at approximately 70 km in front of the front unit located in the Gu-gu Nowon-gu Nowon-gu Seoul Metropolitan City Nowon-gu, Seoul Metropolitan City, in front of the instant restaurant, while under the influence of 0.130% alcohol level, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (attached to a summary order of the same kind of power);

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 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the normal data shown in the trial process, such as the fact that the sentence of Article 62-2 of the Criminal Act imposed on the defendant for the reason of sentencing, but there is no criminal record of suspended execution or more, blood alcohol concentration and driving distance;

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