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(영문) 대구지방법원 경주지원 2015.02.12 2014고단890
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 10, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Ulsan District Court on July 10, 2007, and a summary order of KRW 3 million for the same crime at the Daegu District Court on August 28, 2012.

Nevertheless, on October 19, 2014, the Defendant driven a 300-meter B TdraxG van at around the front of the Doncheon-dong Doncheon-si, by driving around around 0.083% of the blood alcohol concentration without obtaining a driver’s license on October 19, 2014, while under the influence of alcohol of 0.083% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, inquiry reports, and application of two-yearly Acts and subordinate statutes of the 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 on the stay of execution (Consideration, such as the reflection of the fact, background of the crime, blood alcohol concentration, age of the defendant, home environment, etc.);

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

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