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(영문) 대구지방법원 포항지원 2015.07.08 2015고단338
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 April 29, 2014, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on October 15, 2014, the same court issued a summary order of KRW 4 million for the same crime, and had been punished two times or more as a crime of violation of the Road Traffic Act (driving). On May 6, 2015, the Defendant driven a vehicle at B Sti-type in the section of approximately 500 meters from the seaside of the North-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), under the influence of 0.145% of blood alcohol concentration without obtaining a driver’s license at around 22:15, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Division: Application of Acts and subordinate statutes on criminal records, etc. and investigation reports (attached to the previous and summary order);

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 on the stay of execution (Taking into account that there is no particular criminal history, as well as a fine imposed twice for the same type of crime);

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

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