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(영문) 대구지방법원 2015.11.12 2015고단4734
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 August 27, 2007, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on August 27, 2007 and KRW 2 million as a fine in the same court on November 19, 2012.

【Criminal Facts】

On September 13, 2015, at around 20:20, the suspect driven a motor vehicle without a driver's license, under the influence of alcohol with approximately 0.05% of blood alcohol concentration from the 3km section of around 3km to the front road of the same Gu-to-Gu So-Eup So-ri So-ri, So-called So-called So-called So-called So-called So-called Do-to-soon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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 (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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