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(영문) 대구지방법원 포항지원 2016.05.12 2016고단23
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 April 6, 2015, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 3 million as a fine in the same court on October 29, 2015.

Defendant had been punished twice or more due to drinking driving as above, but around December 19, 2015, the Defendant driven BF rocketing car under the influence of alcohol concentration of about 0.053% while under the influence of alcohol while under the influence of alcohol with approximately 0.053% of alcohol level, without obtaining a driver’s license, from the third direction of the vehicle from the Sejong Pqui Squi-dong, which is located in the south-gu Pquidong-do via the port of port to the front of the screen golf course in the same sea route of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and copy of the statement made under the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

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 that are favorable to the fact that the history of punishment for driving under drinking has been imposed on two occasions: The fact that there is no traffic accident caused by simple drinking or non-licenseless driving, the drinking volume is relatively high, the fact that there is no particular penalty history other than the past record of fines twice, and the fact that there is no other penalty history other than the past record of fines

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