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(영문) 대구지방법원 포항지원 2015.04.24 2015고단87

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 September 3, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 3, 2012, and on January 22, 2014, the same court issued a summary order of KRW 2 million for the same crime, and on April 23, 2014, the same court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act (driving).

On January 13, 2015, at around 02:25, the Defendant driven a B-fol-bol car with approximately 50 meters alcohol concentration of 0.115% under the influence of alcohol without a car driver’s license from the front side of the B-fol-bol-dong, B-fol-do, the front side of the B-fol-do, the front side of which is located in the T-gol street of the north-gu, B-gol-do to the front side of the two-gol-do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, statement of the state of drinking drivers, and inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a summary order issued on the same type of power);

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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, such as probation, community service order, and order to attend a lecture, is that the defendant was punished several times for drunk driving, and that he was driving under a license without a license, etc., is disadvantageous to the defendant.

However, the fact that there is no criminal record exceeding the fine against the accused, that the accused is going against the wrong, and that he/she will not drive under the influence of alcohol again in the future, and that he/she is also the accused.