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(영문) 대구지방법원 포항지원 2013.05.08 2012고단1515

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 December 15, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Port Support of the Daegu District Court on December 15, 2009, and a fine of two million won for a violation of the Road Traffic Act from the Port Support of the Daegu District Court on January 2, 2012.

On December 15, 2012, around 23:25, the Defendant driven a Bknife car with a blood alcohol content of at least 0.145% while under the influence of alcohol without obtaining a driver's license from the Do in front of the piracy cafeteria located in the north-gu, Mando-dong to the front of the Mando-dong Mando-dong at the port from the Do to the front of the Mando-dong Mando-dong Do-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

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 fact that there exists a record of being punished twice due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, and the blood alcohol content is higher than 0.145%, etc. that are disadvantageous to the defendant, or the fact that the defendant is waiting for committing a crime and is against the mistake, or other punishment shall be determined in consideration of the defendant's character and behavior, attitude after committing a crime, family environment, etc