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(영문) 대구지방법원 포항지원 2017.07.19 2017고단573
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

On March 17, 2008, the Defendant received a summary order of a fine of 1.5 million won for a crime of violating road traffic law (drinking driving) from the Daegu District Court Port Branch on March 17, 2008, and issued a summary order of a fine of 3 million won for the same crime in the same court on October 10, 2016.

In spite of being under the influence of alcohol over two occasions, Defendant 1 driven a motor vehicle with B-to-purd in the state of alcohol alcohol concentration of about 0.119% without obtaining a driver’s license on the section of about 1km from the direction of the ozone distance, which is located in the north-to-Gu dead-do, at the port of port around April 22, 2017, to the roads in front of the Yongsan-do, which are located in the same Gu-to-Yungdong, even though he was under the influence of alcohol.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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