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(영문) 대구지방법원 포항지원 2015.01.28 2014고단1297
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 12, 2006, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, in the Daegu District Court Port Support on July 2, 2007, the summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and in the Daegu District Court Port Support on May 15, 2009, the summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act was issued.

On August 29, 2014, the Defendant, without obtaining a driver’s license on August 19, 2014, driven CM3 automobiles from the front side of the friendly apartment located in the north-gu Yandong at port at port, in the state of alcohol of 0.109% of alcohol level, to the front side of the shot shot shot shot shot shot shot shot shot shot shot shot shot shot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a summary order, etc.);

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 the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is deemed to have been done under the influence of drinking without a driver's license despite the fact that the defendant had been punished several times due to drinking driving, and the nature of

However, there is no record of punishment exceeding a fine for the same crime, and the means of the crime of this case are as follows: (a) the defendant fully acknowledges the crime of this case and reflects his mistake; (b) selling the above vehicle and again refusing to drive under the influence of alcohol; (c) there is no record of punishment exceeding a fine.

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