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(영문) 대구지방법원 포항지원 2016.06.23 2016고단359
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 June 1, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Daegu District Court Port Branch on June 1, 201, and a summary order of KRW 3 million as a fine in the same court on November 27, 2014.

On February 23, 2016, the Defendant, without obtaining a driver’s license at around 02:00, driven a B-ri vehicle at a section of approximately 100 meters from the front road of the Gu to the front road of Washington distribution in the south-gu at port under the influence of alcohol level of 0.105%.

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. Previous convictions in judgment: Application of inquiry results and investigation reports (reports accompanied by summary orders issued by the same criminal records as the suspect) Acts and subordinate statutes;

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 exists three times due to drinking driving, etc., there is a history of punishment twice due to driving without a license, etc., circumstances favorable to the high drinking level: simple drinking, failing to cause a traffic accident due to a driving without a license, having no history of punishment exceeding a fine, and reflecting a mistake;

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