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(영문) 대구지방법원 포항지원 2015.01.29 2014고단1186

도로교통법위반(음주운전)등

Text

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.

Reasons

Punishment of the crime

On January 16, 2012, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act, and a summary order of KRW 5 million for the same crime in the same court on August 20, 2013.

On September 29, 2014, the Defendant, without obtaining a driver’s license at around 01:05, driven a e-learning car at a distance of about 2 km from the front of a restaurant to the “DH club” distance of approximately 0.208 meters in front of a e-learning club located in North-gu C at the port of port at port in the port of port in the north-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (46 pages of investigation records);

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;