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(영문) 대구지방법원 2014.08.14 2014고단3171
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 February 15, 2007, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on February 15, 2007, and a person who was sentenced to a summary order of 7 million won by a fine at the same court on July 1, 2013 and was punished two times or more for a violation of the Road Traffic Act.

On June 14, 2014, at around 19:19:19, the Defendant driven B1 ton cargo at a section of about 2 km from the Gocheon River located in Seocheon-si Daejeon to the front road located in Seocheon-si, Seocheon-si, Daejeon, without a driver’s license, with a blood alcohol concentration of 0.059%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (related to the same kind of power), and application of Acts and subordinate statutes of the judgment;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has a record of several times of punishment for the same kind of crime, and again, he/she commits the crime of this case, the liability for the crime of this case is not provided against the defendant, but the defendant has no criminal record of suspended execution or higher, and the defendant has no criminal record of a suspended execution or higher, the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various reasons for sentencing as shown in the arguments of this case,

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