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(영문) 대구지방법원 2015.05.21 2014고단5350
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 December 27, 2007, the Defendant issued a summary order of KRW 5 million on the grounds of a violation of the Road Traffic Act (driving), etc. at the Changwon District Court’s Tongwon District Court’s branch on January 28, 201, a fine of KRW 3 million for a violation of the Road Traffic Act (driving), etc. at the Daegu District Court’s Daegu District Court on January 28, 201, and on April 1, 2013, a fine of KRW 5 million for a violation of the Road Traffic Act (driving).

On October 2, 2014, the Defendant, without obtaining a driver’s license on October 2, 2014, driven a C high-speed car in the section of about 1 Kmp from around the first apartment house in the horizontal plane of 0.080% of the blood alcohol concentration at around 0.080%, in the influence of alcohol, to the front road of the human-poned horizontal plane located in the Gyeongdong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on personal exposure to a driver from the driver, and response to requests for appraisal;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (related to the same kind of power), and application of statutes governing judgment;

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 (Confession and reflect) of the suspended execution;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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