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(영문) 대구지방법원 포항지원 2018.10.11 2018고단813
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of two years on August 17, 2017 by imprisonment with prison labor for a crime of violating road traffic law in the port support of the Daegu District Court on August 9, 2017, and the judgment became final and conclusive on August 17, 2017, and is currently under suspended sentence.

In addition, on January 13, 201, the defendant was issued a summary order of KRW 10 million by the same court due to a violation of the Road Traffic Act (drinking driving), and on June 25, 2009, the defendant was sentenced to a suspended sentence of KRW 2.5 million by imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving), and on November 10, 2008, the Ulsan District Court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving), and on August 20, issued a fine of KRW 2.5 million by the Changwon District Court on August 20, 2007.

[2] Although Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (drinking) as above, Defendant 2 driven a car with FN in the direction of approximately 500 meters from the north-gu B and the front of the E on the roads from D, under the influence of alcohol leveling 0.187% of alcohol level without obtaining a driver’s license around May 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) show the attitude to recognize and reflect the instant vehicle, such as the disposal of the instant vehicle, etc., and the fact that there is an old age to support.

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