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(영문) 대구지방법원 서부지원 2013.03.14 2013고단34
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

[criminal power] On July 24, 2003, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court's branch on August 7, 2008, a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court's branch on August 7, 2008, and a summary order of one million won or more as a fine for a violation of the Road Traffic Act (Non-licensed Driving) from the Seogu District Court's branch on November 27, 2008, and from the Seogu District Court's branch on April 14, 201 to the Seogu District Court's branch on April 14, 201.

【Criminal Facts】

On December 8, 2012, at around 21:50, the Defendant driven a B car under the influence of alcohol concentration of 0.144% while under the influence of alcohol, without obtaining a driver’s license, from the section of about 2 km up to the front road, to whether it is another Daegu in the Seogu Seo-gu, Daegu-gu, Daegu-gu, and the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of drinking control;

1. The driver's license ledger;

1. Previous for judgment: Application of the inquiry report on criminal records, etc., investigation report (Attachment of a summary order), and copy of the summary order four copies of the previous order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of running sound, the choice of imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. It is decided as per the Disposition on the grounds of Article 62-2 (1) of the Criminal Act or more;

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