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(영문) 대구지방법원 안동지원 2014.09.26 2014고단372
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 February 2, 2010, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on September 17, 2010, a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on September 17, 2010, and a fine of KRW 6 million for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on July 12, 2013, respectively.

【Criminal Facts】

On April 26, 2014, the Defendant, without obtaining a driver's license at around 21:50, driven BMF3 motor vehicles at a section of about 3 km from the front side of the Geumdong-dong-dong in the Ansan-dong-dong, under the influence of alcohol at around 0.104%, and up to the front side of the office of the Andong Epic driver's association in the same city of Taedong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver without any license, and the written statement of the driver without any license;

1. Before ruling: Application of criminal records, inquiry reports, investigation reports, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the choice of imprisonment and the point of drinking alcohol), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 (see, e.g., Supreme Court Decision 62 (1));

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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