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(영문) 대구지방법원 포항지원 2015.11.11 2015고단1036
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Daegu District Court Port Support on December 15, 201, and a summary order of KRW 4 million for the same crime in the same court on July 22, 2015.

Criminal facts

The defendant is a person who drives a B Ethy sports car.

1. On September 21, 2015, the Defendant driving a vehicle at around 14:00 on September 21, 2015, without obtaining a driver’s license on September 21, 2015, the Defendant driven approximately 1 km from the front of the 71-1 Alphari-ro 17-11, e.g., the Northern Sea-ro 62-ro, North-gu, Seoul at the time of distribution to the front of the 71-1 Alphari-gu.

2. On September 22, 2015, the Defendant was under the influence of 0.136% of blood alcohol level on September 22, 2015, despite the fact that the Defendant was punished for driving under the influence of alcohol twice, on September 22, 2015, and on September 22, 2015, the Defendant driven approximately 500 meters from the day before the same 62-gil-ro, 17-11 large-scale, Sin-ro, Yan-gu, Seoul Metropolitan City without the driver’s license to the day before the same f2-ro, 62-ro, 17-11 large-scale, inter alia.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes (Attachment to a summary order of the same kind of crime);

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 Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that there is no record of punishment exceeding the fine for the same kind of crime, etc.);

1. Article 62-2 (1) of the Criminal Act to attend lectures;

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