(영문) 대구지방법원 포항지원 2015.10.22 2015고단694



A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

[criminal power] On June 1, 201, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port support of the Daegu District Court (Tgu District Court) on the following grounds: (a) on May 23, 2011, the Defendant was sentenced to a suspended sentence of imprisonment for six months for the same offense in the same court.

【Criminal Facts】

On July 24, 2015, at around 01:30, the Defendant, without a driver’s license, driven a vehicle with a 100-meter B AW-lurturd from the entrance distance of the permanent bathing beach located in the port located in the north-gu port at one port at one port at one port at one port at one port at one port at one port at one port at one port at one port at one port at one port in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Driver's license register;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and statutes, such as criminal records;

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant was punished three times due to drinking driving, etc. including probation, community service order, and lecture attendance order, the circumstance favorable to the high drinking level: simple drinking, driving without a license, which does not cause a traffic accident; the driving distance is not relatively short; the driving distance is not a criminal record; the fact that he/she does not have a criminal record; and the fact that he/she