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(영문) 대구지방법원 경주지원 2014.06.11 2014고단75
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 30, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in Daegu District Court and its racing support, a summary order of KRW 2.5 million for the same crime in the same support on March 10, 201, and a summary order of KRW 5 million for the same crime on September 24, 201, respectively.

On February 18, 2014, at around 17:35, the Defendant operated the Brocketing Pacific Cargo with approximately KRW 1k alcohol concentration 0.096% under the influence of alcohol without obtaining a driver’s license from the front of the Yellow-dong Yellow-dong, Yellow-dong, to the entrance road of the Seoul Arts Center located in Alcheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A traffic accident report, a report on actual condition, a report on the results of the control of drinking driving, a report on the situation of drinking drivers, a notice of completion of correction, a driver's license register, a driver's license register, a vehicle inquiry, a photo at the scene of the accident, a management and inquiry report, three copies of the report, a certificate of fact

1. Previous records of judgment: Application of inquiry reports and investigation reports, and Acts and subordinate statutes, such as 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. It is so decided as per Disposition by taking account of all kinds of sentencing conditions under Article 51 of the Criminal Act, which can be known through records and pleadings, such as the continuous repeating of drunk driving, the fact that the defendant was in a state of non-exclusive license, and the age, happiness, family environment after committing a crime.

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