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(영문) 대구지방법원 포항지원 2015.08.27 2015고단469
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 August 1, 2013, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, from the Daegu District Court Branch Branch Branch Branch Branch on March 7, 2014 to the summary order of KRW 7,00,000 as a fine for the same crime, and from the Branch Branch Branch of the Daegu District Court on May 13, 2014 to the summary order of KRW 6 million as a fine for the same crime.

On May 20, 2015, the Defendant, who had been punished for drinking driving two or more times, driven a 300-meter-on-way road at the entrance of the same Eup at the front of the window at the front of the window of the Sindong-si in the front of the window, under the influence of alcohol level of 0.059% without obtaining a driver’s license on May 20, 2015, while under the influence of alcohol level of 0.059%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal records, investigation reports, and 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. 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: The circumstances that are favorable to the defendant for drinking alcohol or driving without a license, causing a traffic accident due to simple drinking, driving without a license, the fact that drinking alcohol is low and the distance of driving is not relatively short, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of being sentenced to a punishment exceeding the fine, and the fact that the defendant is against the mistake;

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