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(영문) 대구지방법원 포항지원 2018.04.11 2018고단156
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on March 4, 2013, and on November 12, 2015, the Defendant was punished for drinking driving two times or more by a summary order of KRW 3 million issued by the same court as the same crime.

On November 16, 2017, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.121% without obtaining a driver’s license from the Do in front of a restaurant in which the trade name in the Nam-gu, the Nam-gu, the Nam-gu, the Chungcheongnam-gu, the U.S., the U.S., is unknown, and from the Do in front of the Do in which it is located the 3rd of the same Eup/Myeon, and from about 600 meters to the west-do, the Do in front of the rice.

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 an inquiry letter, such as criminal history, and an investigation report (the same type of criminal history) statute;

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. An order to attend a course under Article 62-2 of the Criminal Act;

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