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(영문) 대구지방법원 포항지원 2016.08.25 2016고단843
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 December 27, 2010, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Port Branch on December 27, 2010. On March 2, 2012, the Defendant received a summary order of KRW 1,00,000 as a fine for the same crime in the same court, and on February 19, 2014, the Defendant received a summary order of KRW 5 million as a fine for the same crime.

Although Defendant was driven under the influence of alcohol over the three occasions, on June 12, 2016, at around 02:10 on the same day, Defendant driven B Poter cargo while under the influence of alcohol at approximately 0.077% of alcohol alcohol in blood, without obtaining a driver’s license, from the front of the citizens’ funeral hall in the North-dong at the port of port to the entrance of the train located in the same Dong, from the front of the citizens’ funeral hall in the north-dong at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (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. 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 fact that there are three times the records of punishment due to drinking driving, etc., and other circumstances favorable to the fact that there are several times the records of punishment including probation: simple drinking and non-licensed driving; the fact that the drinking value is not relatively high; and the fact that the drinking value is not relatively high; and the punishment exceeds the fine due to drinking and non-licensed driving.

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