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(영문) 대구지방법원 포항지원 2018.02.07 2017고단1614
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 October 15, 2012, the Defendant received a summary order of a fine of three million won or more for a crime of violating road traffic laws in the Daegu District Court Port Support on October 15, 2012, and a summary order of five million won or more for the same crime from the same support on November 23, 2016, respectively.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on November 27, 2017, the Defendant driven a BD car under the influence of alcohol content of about 0.131% while under the influence of alcohol without obtaining a driver’s license from the near middle school to the front road of the west-gu, Yancheon-gu, Seoul Metropolitan City at a port on November 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order and related summary order);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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