beta
(영문) 대구지방법원 포항지원 2015.09.04 2015고단632

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 15, 2010, the Defendant was given a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on July 15, 2010, and a summary order of KRW 3 million for the same crime in the same court on April 30, 2015.

Although the Defendant had been punished for drinking driving two or more times as above, the Defendant driven B-low-income cars under the influence of alcohol concentration of 0.091% without obtaining a driver’s license from the Heingel parking lot located in the north-gu, 03:40 on July 19, 2015, at approximately seven meters long from the Heingel parking lot located in the north-gu, 114-ro, north-gu, at the end of the port to the front road of the Moingel, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on the statement of the situation of a drinking driver, the results of the drinking driving control, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of the same type of force)-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (including the fact that there is no past record of punishment exceeding a fine imposed on the accused) ;

1. Order to attend lectures under Article 62-2 of the Criminal Act;