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(영문) 대구지방법원 포항지원 2013.05.23 2013고단382

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 April 15, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on April 15, 201, and a fine of three million won for a violation of the Road Traffic Act (driving) at the same court on June 1, 2011.

On April 13, 2013, around 22:14, the Defendant driven the volume of B-learning car under the influence of alcohol of about 0.10% without a driver’s license at a section of approximately 1 km from the front of the “Sport ground” road located in the north-gu Two-dong at port to the front of the “Sport port and port located in the north-gu port at port at port at port.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control results of drinking driving, the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports;

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. 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;