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(영문) 대구지방법원 2014.07.24 2014고단2066
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 June 19, 2012, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on January 11, 2008, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

The Defendant without obtaining a driver’s license, while under the influence of alcohol content of 0.051%, driven a Bsch Rexton car for about three kilometers from April 10, 2014 to the front road of the Dong Daegu-gu Do-dong, Daegu-gu, Daegu-gu, to the front road of the same Dong-gu Do-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (reports accompanied by a copy of summary order);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times or more due to drunk driving, and again committed the crime of this case. However, the defendant's mistake is divided and reflected, there is no criminal record of suspended execution or more, and the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case are considered as a whole, and the punishment of this case is determined as ordered.

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