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(영문) 대구지방법원 2015.07.23 2015고단2483
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 October 19, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on the grounds of a violation of the Road Traffic Act, and a fine of three million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 31, 2013 and for a violation of the Road Traffic Act (Driving without a license).

【Criminal Facts】

On May 29, 2015, at around 01:10, the Defendant was under the influence of alcohol by 0.086% without a driver’s license, and was driving a gallon vehicle B 5 kilometers in front of the gallon-gun, Gyeongdong, Gyeongdong, Gan-si, Gan-si, Gyeongbuk-si, Gan-si, Gyeongbuk-do, Ggallon-gun, 13 degrees, as in the front of the gallon-gun, Gandong-gun, Gandong-gun

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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 (i.e., the fact that it is true that the suspended sentence does not repeat the crime, and that there is no criminal record of the suspended sentence or more);

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

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