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(영문) 대구지방법원 포항지원 2017.07.19 2017고단629
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 3, 2003, the Defendant issued a summary order of KRW 4 million for the same offense, etc. in the Daegu District Court Kimcheon Branch on the following grounds: (a) on March 7, 2003, a fine of KRW 2.5 million for the same offense; (b) on April 15, 2010, at the port support of the Daegu District Court, a fine of KRW 2 million for the offense of violating the Road Traffic Act (dactage) at the port support of the Daegu District Court; and (c) on May 28, 2015, the Defendant issued a summary order of KRW 4 million for the same offense.

On April 14, 2017, the Defendant driven a motor vehicle with a alcohol level of 0.122% under the influence of alcohol level 0.122% while under the influence of alcohol level 0.122% from the road near the Korean Government, which is located in the North Korean Government, at the port of Mapo-gu, in the same time, to the common interest distance located in the same Gu-dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car without obtaining a driver's license in the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the defendant reflects his/her wrongness, and there are many other persons. However, the defendant was sentenced to a two-year suspended sentence due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and was sentenced to a two-year suspended sentence, but he/she committed the pertinent drinking or non-licensed driving, and the defendant was already subject to three-time suspended sentence.

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