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(영문) 대구지방법원 포항지원 2016.06.15 2016고단255

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 16, 2007, the Defendant was issued a summary order of KRW 2 million due to a violation of road traffic law (drinking) in the port support of the Daegu District Court on March 16, 2007, and a fine of KRW 3 million due to a violation of road traffic law (drinking) in the same court on December 18, 2013, respectively.

On February 19, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on February 02:25, 2016, driven B Poter in the section of approximately 700 meters from the front day of Changpo-dong, Changpo-dong, Changpo-dong, Changpo-dong, and the front day of such Changpo-dong, while under the influence of alcohol content of 0.118% during blood.

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 a summary order attached to the suspect's previous 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 to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as the provision that the accused reflects his mistake and that there is no record of criminal punishment exceeding the fine, shall be considered as favorable circumstances. However, considering the fact that the accused is deemed to have a high risk of re-offending due to drinking, driving at least three times and driving at least seven times without a license, the punishment shall be determined as ordered by the court.