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(영문) 대구지방법원 2013.09.05 2013고단4287
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 November 30, 2007, the Defendant issued a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and KRW 4.5 million from the Seoggu District Court to the same crime on March 21, 2013.

Criminal facts

On June 17, 2013: (a) around 03:25, the Defendant, without a driver’s license, driven a BF station or other car under the influence of alcohol with approximately 10 meters of alcohol content 0.185%, from the front day of the msular hospital located in Daegu-gu, Daegu-gu, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Division: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a copy of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined, taking into consideration all the normal data revealed in the trial process, such as the fact that there is no criminal conviction or heavier than a suspended sentence, the blood alcohol concentration of the defendant, driving distance, the age, occupation and family relationship of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act;

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