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(영문) 대구지방법원 포항지원 2015.01.15 2014고단1183
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 February 18, 2008, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, the summary order of KRW 3 million for the same crime in the same court on April 16, 2008, and the summary order of KRW 5 million for the same crime in the same court on January 15, 2013.

On September 12, 2014, without obtaining a driver's license at around 01:35, the Defendant driven C Poter at a section of about 200 meters from the front road of the port in the north-gu Seo-dong Hyundai Constitudong with a blood alcohol concentration of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, investigation reports (25 pages of investigation records), and copies of each summary order shall be applied;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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