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(영문) 대구지방법원 포항지원 2014.12.18 2014고단1109
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 July 30, 2008, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the port support area of Daegu District Court on July 30, 2008, and a summary order of KRW 2 million for a violation of the Road Traffic Act at the Daegu District Court on November 12, 2009, respectively. On June 1, 2010, the Defendant issued a summary order of KRW 7 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court Branch Support area of the Daegu District Court on June 1, 201, and was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (non-exclusive license) and on February 15, 2013.

On August 26, 2014, the Defendant, without obtaining a driver's license at around 06:20 on August 26, 2014, driven B car at a section of about 100 meters from the road to the same maloren distance, by typers, who are in the south-gu Sea Zone at port in the state of alcohol concentration of 0.19%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, investigation reports (a summary order and attachment of judgment) and statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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