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(영문) 대구지방법원 2013.12.19 2013고단6399
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 January 19, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on the same day, and on February 21, 2013, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.

Criminal facts

On November 4, 2013, at around 23:27, the Defendant driven B rocketing car without a driver’s license under the influence of alcohol concentration of about 0.117% from the front of the floor restaurant located in the Jindo-Eup of the Jindo-Eup of the Jindo-si, Gyeongsan-si to the front of the restaurant in the Jindo-Eup of the Jindo-si, Gyeongsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) 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. 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 the liability of the accused for sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is important, the sentence as ordered shall be determined in consideration of all the normal materials revealed in the trial process, including the fact that there is no criminal record of past suspension of execution or more, blood alcohol concentration, driving distance, the age and occupation of the accused;

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