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(영문) 대구지방법원 포항지원 2015.08.27 2015고단480
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2012, the Defendant received a summary order of KRW 4 million for the crime of violating the Road Traffic Act, and a summary order of KRW 7 million for the same crime in the same court on July 14, 2014.

On May 26, 2015, around 22:14, the Defendant driven B QM5 car under the influence of alcohol level of 0.122% without obtaining a driver’s license in the 1km section from the road near the studio in the south-gu at port, where the trade name in the south-gu at port cannot be known at the port of port, to the road near the 592-9 at port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Previous records: Application of inquiries, such as criminal records, response to inquiries, investigation reports (Attachment to a summary order of the same kind of power);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment provided for in the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be selected by imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a course: Circumstances that are favorable to the defendant that have a lot of records of punishment for drunk driving: The fact that the defendant does not cause a traffic accident due to simple drinking or without a license, the fact that there is no record of punishment exceeding the fine, and the fact that the defendant

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