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(영문) 대구지방법원 포항지원 2016.07.20 2016고단495

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Port Support on October 30, 2013, and a summary order of KRW 6 million as a fine in the same court on November 25, 2015, respectively.

On May 4, 2016, around 02:03, the Defendant driven a C Lastren car with approximately 3 km alcohol concentration of 0.142% in blood without the driver’s license from the section of approximately 3 km in the direction of the commercial unexploited main road located in the Yong-gu, Yong-gu, Seoul at the port before the port of port, to the roads near the Yongsan-dong located in the Yong-gu, Yong-gu.

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 a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 for mitigation of amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3 (see, e.g., Supreme Court Decision 2009Da

1. Article 62 (1) of the Criminal Act on the suspension of execution (The repeated consideration to the defendant);

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