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(영문) 대구지방법원 포항지원 2015.12.17 2015고단1072
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 August 16, 2007, the Defendant received a summary order of KRW 1 million for a fine of KRW 2 million for a violation of the Road Traffic Act (driving) from the Daegu District Court, on May 21, 2012, a summary order of KRW 3 million for the same crime in the same court on May 21, 2012, and a summary order of KRW 6 million for the same crime in the same court on December 3, 2012.

On October 2, 2015, around 02:47, the Defendant driven BM5 car at approximately 0.10% under the influence of blood alcohol concentration of 0.10%, without obtaining a driver’s license, to the road near the luxian Party located in approximately 1135-40 meters in the north-gu of the port as the new year of the port of port, in the vicinity of the luxa-ro 32-lane 5, luxa.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, and of a report on investigation (verification of the same criminal records of a suspect);

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;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances in which the defendant has been punished for drinking alcohol or driving without a license many times: The fact that the defendant does not cause a traffic accident due to a simple drinking or driving without a license, the fact that there is no history of punishment exceeding a fine, and the fact that the defendant reflects the wrongness;

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