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(영문) 대구지방법원 포항지원 2018.09.05 2018고단771
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

On September 27, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 1 million for the same crime in the same court on October 31, 2013, and a summary order of KRW 6 million for the same crime in the same court on May 17, 2016, and the same court on May 17, 2016 issued a summary order of KRW 6 million for the same crime on at least two occasions.

On June 29, 2018, the Defendant driven a B-learning car under the influence of alcohol content of about 0.094% in alcohol during blood without obtaining a driver’s license from the Do near the south-gu Island at the 84-ro, Nam-gu, Seoul, to the 345-ro, as in the old new year, from around 1km to the front road of the Gu.

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: A reply to inquiry, such as criminal history, investigation report (applicable to the same type of crime)- application of summary order statutes;

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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