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(영문) 대구지방법원 경주지원 2015.06.24 2015고단354
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 May 16, 2008, the Defendant was sentenced to a fine of 700,000 won for the violation of the Road Traffic Act, and a fine of 4,50,000 won for the same crime in the Daegu District Court's Daegu District Court's racing support on November 15, 2013.

Nevertheless, on March 14, 2015, at around 20:45, the Defendant driven a car with approximately 100 meters a volume B Karen II car at the front of the entrance of the village after the same Ri, on the front of the use room located at both south-si, in the state of alcohol concentration of 0.091% without a car driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on detection of drivers, report on the circumstances of drivers, register of driver's licenses of motor vehicles, and making an inquiry into the motor vehicle;

1. Records of previous judgments: Criminal records, etc., inquiry reports, investigation reports, and application of two copies of written judgments to the court records;

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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