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(영문) 대구지방법원 포항지원 2014.09.18 2014고단720
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 15, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the port branch of Daegu District Court on April 15, 2009, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) in the same court on January 15, 201, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) in the same court on March 16, 2011.

Although the Defendant was punished twice or more due to drunk driving, on June 10, 2014, at around 01:47, the Defendant driven CM7 car from the 1km section from the front of the North-dong Port at the port of Pohang-dong to the front road at the port of Pohang-dong at the port of port, while under the influence of alcohol by 0.115% of alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Registers and registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (attached to summary orders of the same kind of power);

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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