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(영문) 대구지방법원 포항지원 2017.11.29 2017고단1293

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 1.5 million for a fine of KRW 1.5 million for the same crime from the Daegu District Court and its branch on July 31, 2008, and a summary order of KRW 5 million for a fine of KRW 1.5 million for the same crime from the above Port Support on April 11, 2014.

Although the Defendant was punished twice or more due to drinking driving, on July 9, 2014, at around 02:15, the Defendant driven B rocketing car at approximately 30 meters from the front of the entrance of a bathing beach located in the north-gu at the port of port at the port of port to the front of the passenger ship in the same port of port, while under the influence of alcohol of 0.087% during blood without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;