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(영문) 대구지방법원 김천지원 2014.01.22 2013고단1476
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 July 16, 2011, the Defendant was sentenced to a summary order of 2.5 million won as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 12, 2011, and was charged with a summary order of 2.5 million won on July 7, 2013 with respect to the crime of drinking, etc. on July 19, 201, and is currently pending trial due to the summary charge of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on August 19, 2013.

At around 00:10 on October 6, 2013, the Defendant driven the B-learning car under the influence of alcohol concentration of 0.237% without obtaining a driver's license, in front of the instant car, wals, mitto and mitto, and mitto, which are in the upper and upper speed of the Sinmi-si.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, amounts of previous dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (report on confirmation of the same type of crime 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. 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. Although there was a record of punishment as stated in its reasoning due to the reason of sentencing under Article 62-2 of the Criminal Act, the crime liability for the crime of this case is not minor.

Provided, That the punishment shall be determined in accordance with the order, taking into consideration the favorable circumstances in which there is no previous conviction exceeding the fine, and reflective facts.

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