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(영문) 대구지방법원 포항지원 2018.11.21 2018고단773
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court Port on November 28, 2013, a summary order of KRW 4 million for the same crime in the same court on December 16, 2014, and a summary order of KRW 6 million for the same crime in the same court on June 24, 2015, respectively.

[2] On June 19, 2018, around 01:25, the Defendant driven a car with Cland, under the influence of alcohol concentration of about 0.105% in blood while under the influence of alcohol, without obtaining a driver’s license, from the Do in front of the seat point of the Daegu Bank located in 130, the Nam-gu Gyeong-gu Posco, Nam-gu, Nam-gu, 130, in the direction of the 331 South-gu Gyeongpo-si. The Defendant driven a car with Cland under the influence of alcohol concentration of about 0.105% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating 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 suspect's records) statute;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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