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(영문) 대구지방법원 2015.12.15 2015고단5352
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 August 13, 2010, the defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon branch on August 13, 2010, and on August 29, 2013, the same court issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act.

On October 18, 2015, the Defendant, without obtaining a driver’s license at around 21:55, driven an E-to-pubed vehicle in the section of approximately 300 meters from the front of the house of C, which is the seat of the Defendant in the Gyeongbuk-gun, in the state of alcohol concentration of 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. A license inquiry;

1. Previous conviction: Application of a copy of summary order;

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 (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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