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(영문) 대구지방법원 포항지원 2018.11.21 2018고단1290
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] On May 16, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the port support of the Daegu District Court on May 16, 2007, the summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) in the same court on October 26, 2016, and the summary order of KRW 6 million for a crime of violating the Road Traffic Act (driving) in the same court on August 11, 2017, respectively.

[Criminal facts] On September 20, 2018, the Defendant did not obtain a driver’s license of a motor vehicle on or around 05:13, but driven Dworka motor vehicle at the distance of about 30 km from the Do residents’ license located in the south-gu dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

As a result, the defendant did not obtain a driver's license, while driving a motor vehicle under the influence of alcohol again as a person who violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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 convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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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