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(영문) 대구지방법원 포항지원 2019.01.09 2018고단1399
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

[criminal power] On August 2, 2007, the Defendant received a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Seo-gu District Court's branch court's order on August 2, 2007. On June 13, 2013, the Defendant received a summary order of KRW 4.5 million for the crime of violation of the Road Traffic Act in the Seo-gu District Court's branch court's order on June 13, 2013. On June 10, 2016, the Defendant received a summary order of KRW 5 million for the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 25, 2018, at around 00:20 on October 25, 2018, the Defendant driven a DNA car with blood alcohol concentration of about 0.053% without obtaining a driver's license from approximately 100 meters to the C frontway in the north Port B.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations at least twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and application of one copy of each summary order under 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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

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