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(영문) 대구지방법원 포항지원 2016.07.07 2016고단387
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 17, 2009, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law in the Daegu District Court Port Branch of the Daegu District Court on September 1, 201, a fine of KRW 1,50,000 for the same crime in the same court on September 1, 2010, and a fine of KRW 7 million for the same crime at the Busan District Court on April 12, 2016.

[2] While Defendant 1 violated Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven a D low-water car under the influence of alcohol leveling of about 0.093%, without obtaining a driver’s license in the section of about 500 meters in front of the ambrop parking lot in front of the ambrop parking lot located in the south-gu Ebrop-gu, Seoul, on April 1, 2016, when he violated Article 44(1) of the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant who has been punished three times due to drinking alcohol: The defendant does not cause a traffic accident by simple drinking, driving without a license; there is no particular penalty power other than the fine imposed due to drinking, and the defendant's age, sexual behavior, environment, and crime other than each of the above circumstances.

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