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(영문) 대구지방법원 포항지원 2014.08.21 2014고단716
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 May 3, 2010, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on May 3, 2010; the summary order of KRW 4 million for the same crime in the same court on October 15, 2013; and the summary order of KRW 5 million for the same crime in the same court on February 19, 2014.

On June 16, 2014, around 06:41, the Defendant driven a B rocketing car under the influence of alcohol content of 0.117% without a driver’s license, from the road near the bridge road in the south-gu upstream-dong at the port to the marc marri in the same sea-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports [Report on the confirmation of criminal records of a suspect's violation of the Road Traffic Act (driving without a license);

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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