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(영문) 대구지방법원 포항지원 2015.04.09 2015고단56
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

[2015Kadan56] On November 18, 2013, the Defendant was issued a summary order of KRW 1,500,000 for each of the same crimes by the same court, as the same crime, at the port support of the Daegu District Court, for the violation of the Road Traffic Act (driving).

On February 1, 2015, the Defendant, without obtaining a driver’s license on February 1, 2015, driven a Bi30 vehicle from the 1km-ro 76-gil, Nam-gu, Yangyang-ro, 13, e.g., the other side of the 13rd-ro, Nam-gu, Chungcheongnam-gu, the other side of the 1km-ro, the other side of the 1km-ro, the other side of the 1km-ro, the other side of the 344 new g

[2015 Highest 106] On February 13, 2015, the Defendant, without obtaining a driver’s license around 09:10 on February 13, 2015, driven a Cwing-III truck in the section of about 40 km to the front of the 141-Seoul Metropolitan City Northern Sea Rest, which is located in Yongcheon-gu, Incheon Metropolitan City, from the roads near the Daegu-gu Incheon Metropolitan City Rest.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Report on the results of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of a summary order);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the license ledger and disqualified inquiry ledger;

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; and

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the crime of violating the Road Traffic Act due to a drunk driving on February 1, 2015 and the crime of violation of the Road Traffic Act due to aless driving on the same day, and the punishment prescribed for the crime of violation of the Road Traffic Act due to a heavier alcohol driving);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The conditions favorable to the defendant, which are written in the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, are to be mitigated.

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