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(영문) 대구지방법원 김천지원 2014.05.15 2014고단223
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 9, 2009, the Defendant issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon branch of the Daegu District Court on December 9, 2009, the summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on August 2, 201, and the summary order of three million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on July 24, 2012, respectively.

On February 19, 2014, at around 23:45, the Defendant, at around 500 meters from the front side of the dong apartment commercial building in the Gu-si Gaodong-dong, to the front side of the Gaodong-dong residential building in the same Dong, drive B and C gallon II with a blood alcohol concentration of at least 0.089% without obtaining a driver’s license, while under the influence of alcohol concentration of at least 500 meters.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to a summary order of the same criminal 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction, other than the previous conviction in the market, the fact that there is no accident caused by each crime as shown in the judgment, the confession and depth of the crime, the fact that the vehicle is dead, the fact that the vehicle is transferred, the fact that the vehicle is ordinary character and behavior of the defendant, the

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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