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(영문) 대구지방법원 김천지원 2015.07.22 2015고단565
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 26, 2013, the Defendant was issued a summary order of KRW 1.5 million by a fine of KRW 2 million for a violation of the Road Traffic Act, and on November 26, 2014, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act.

On May 4, 2015, at least 00:30 on May 4, 2015, the Defendant, without a car driver’s license, driven a car of approximately 2 km from Ctladon XG in the state of under the influence of alcohol content of about 0.103% at the 0.103% in front of the Donsan-dong Donsan-dong Donsan-dong at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative report (including the details of revocation of driver's license attached (including one copy of the attached driver's license);

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports [including two copies of the summary order attached thereto]-related Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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