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(영문) 대구지방법원 포항지원 2019.05.30 2019고단189
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2014, the Defendant issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the port branch of the Daegu District Court on July 31, 2014, and on October 17, 2017, the same court issued a summary order of KRW 3 million for the same crime and was punished for drinking driving two times or more.

On February 18, 2019, around 00:01, the Defendant driven a F bargaining car under the influence of alcohol concentration of 0.069% without obtaining a driving license from the Do in front of the C cafeteria located in Southern-gu B from approximately 5km to the Gu D in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of a sentence of imprisonment with prison labor (in consideration of the fact that there are criminal records that have been sentenced to a fine of imprisonment with prison labor for three times due to driving of sound and without obtaining a license);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [The grounds for misunderstanding an error and the occurrence of a traffic accident due to driving in this case];

1. Article 62 (1) of the Criminal Act on the stay of execution (in addition to the grounds for discretionary mitigation, consideration shall be given to the fact that there is no past record of punishment heavier than that of the suspension

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

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