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(영문) 대구지방법원 김천지원 2014.03.26 2013고단1774
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 December 4, 2013, at around 23:55, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.097% without a vehicle driver's license on the front of the Yellow Gap Park in the Yellow-dong, Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was given a fine of four million won due to a violation of the Road Traffic Act (Refusal of measurement) on August 27, 2010, and a fine of five million won or more due to a violation of the Road Traffic Act on August 29, 2013, in addition, if he/she had the record of being issued a summary order on August 29, 2013, the punishment for the crime in the instant case is not easy.

Provided, That the punishment shall be determined in accordance with the order, taking into consideration the favorable circumstances in which there is no previous conviction exceeding the fine, and reflective facts.

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