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(영문) 대구지방법원 서부지원 2014.01.23 2013고단1437
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 April 17, 2007, the Defendant received a summary order of 1.5 million won from the Seo-gu District Court Branch of the Daegu District Court to a fine of 1.5 million won for the violation of the Road Traffic Act, and on April 2, 2008, the same court received a summary order of fine of 6 million won for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and the violation of the Road Traffic Act.

Criminal facts

1. On October 28, 2013, at around 20:20, the Defendant driven C City 100 Oral Ba, without obtaining a driver’s license, from approximately 150 meters away from the front day of the Man-ri-do-dong, Seogu, Daegu to the front day of the day-to-day restaurant located in the same Dong to the day-to-day cafeteria.

2. On October 28, 2013, at around 21:30, the Defendant driven a motor vehicle with a blood alcohol content of 0.122% while under the influence of alcohol without obtaining a driver’s license from approximately 50 meters from the front of a mutually influent restaurant in Seo-gu, Daegu to the front of a day-to-day restaurant in the same Dong from the front of the day-to-day restaurant in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of driving under influence of alcohol), and application of Acts and subordinate statutes of two summary orders;

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 62 (1) of the Criminal Act;

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