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(영문) 대구지방법원 포항지원 2016.05.26 2016고단202

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 13, 2011, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court, and a summary order of KRW 1.5 million for the same crime at the same court on June 1, 2010.

[2] Although Defendant 1 had the history of violating Article 44(1) of the Road Traffic Act two or more times, Defendant 2 driven B Scccher vehicle under the influence of alcohol concentration of about 0.069% without obtaining a driver’s license from the front side of the Bank of Korea, located in the north-gu, Sinpo-si, Mapo-si on March 7, 2016, to the intersection of the reduction room located in the same Gu, from the front side of the Bank of Korea, which is located in the north-gu, Mapo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the same criminal record and summary order);

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

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that have been punished three times due to drinking driving, twice due to non-licenseless driving, and that are favorable to the fact that there are many other records of punishment including probation: simple drinking and non-licenseless driving; the drinking value is not relatively high; the drinking value does not have any history exceeding fine due to the same type of crime; and the fact that there is no record of exceeding fine due to the same type of crime; and the fact that there is a violation of mistake;