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(영문) 대구지방법원 서부지원 2014.04.24 2014고단314
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 February 28, 2007, the Defendant received a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on February 28, 2007, and a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Seog branch court of the Daegu District Court on December 24, 2012.

On February 28, 2014, at around 23:50, the Defendant driven B albbb, while under the influence of alcohol content of at least 0.120%, without obtaining a motorcycle driver’s license, from around 2km section from the front day of the Seogu Seo-gu Incheon Metropolitan City, to the front day of the Jinsung-ro 74, the same Gu in the upper northwest-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of 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;

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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