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(영문) 대구지방법원 포항지원 2015.05.14 2015고단82
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 September 2, 2013, the Defendant was issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act at the port support of the Daegu District Court, and a summary order of KRW 2 million for the same crime at the same court on December 5, 2014.

【Criminal Facts】

The Defendant had been punished for drinking twice or more as above, and operated B low-speed motor vehicles at the front of the cafeteria, where the trade name in the south-gu is unknown at the port of port at around 0.106% under the influence of alcohol at around 23:50 on February 5, 2015, even though the validity of driving license was suspended from November 18, 2014 to February 5, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order of the same kind of force);

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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished for drunk driving two times for a period of one year prior to the instant case.

However, the crime of this case does not cause any particular traffic accident, the defendant has no particular criminal history other than the previous conviction due to the drunk driving, the defendant reflects the mistake, and the age, character, character, environment of the defendant.

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