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(영문) 대구지방법원 포항지원 2018.09.19 2018고단814
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 record] On October 15, 2010, the Defendant issued a summary order of 2.5 million won for a crime of violating road traffic law (drinking) at the port branch of the Daegu District Court on 15, 2010, and a summary order of 1 million won for a crime of violating road traffic law (drinking) at the same court on 15, 2010.

[2] Although Defendant 1 had a drinking driving force twice or more as seen above, Defendant 2 driven C Poter truck at a 200-ro, Cheong-ro, Cheong-ro, Cheong-ro, and Cheong-do, 200-ro, Cheong-ro, Cheong-ro, Cheong-ro, and 2 km from the road in front of the building, without a driver’s license around 02:5 on June 23, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of a summary order issued under the influence of drinking driving);

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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