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(영문) 대구지방법원 포항지원 2015.06.18 2015고단192
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 August 4, 2014, the Defendant received a summary order of KRW 4 million from the Daegu District Court’s Port Branch to a fine for a violation of the Road Traffic Act, and KRW 5 million from the same court on January 7, 2015.

Nevertheless, at around 02:30 on February 21, 2015, the Defendant, without obtaining a driver’s license, driven BK5 car at a section of about 3 km from the front side of the Southern-gu Stamamb apartment at the port to the front side of the same city, in the state of drunk alcohol concentration of 0.193%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstances of the surrounding driver, and notification of the results of crackdown on drinking driving;

1. The driver's license ledger;

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

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that probation, community service order, and order to attend a lecture has several times the history of punishment for the same kind of crime, and that there are several records of punishment for the same kind of crime including punishment. The crime of this case was sentenced to a fine for the same kind of crime, and it was less than one and the crime of this case was committed only once, and the fact that drinking water is very favorable: The fact that there is no special traffic accident due to simple drinking, driving without license, and the fact that there is no special traffic accident caused by a simple drinking, driving without license, and the fact that the family members reflect and supervise the error, and that they are

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