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(영문) 대구지방법원 포항지원 2019.06.19 2019고단539
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On October 12, 2016, the Defendant was issued a summary order of one million won for the crime of violating the Road Traffic Act (driving) in the Daegu District Court’s port branch on October 12, 2016, and a summary order of one million won for the same crime in the same court on September 1, 2010, respectively.

【Criminal Facts】

On March 30, 2019, the Defendant driven a Etiball-free car at approximately 1 km from the front of the building south-gu, Nam-gu, Mapo-si without obtaining a driver's license on March 22, 2019, in a state of drinking alcohol concentration of 0.082%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (attached to previous records and copies of summary orders);

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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