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(영문) 대구지방법원 포항지원 2018.03.09 2017고단152
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving in drinking), a summary order of KRW 2 million for the same crime in the same court on October 1, 2008, and a summary order of KRW 2 million for the same crime in the same court on June 2, 2008, respectively.

1. On November 22, 2016, the Defendant: (a) driven a Cme car while under the influence of alcohol of about 0.121% of alcohol concentration in blood without obtaining a driver’s license from the public parking lot front of a terminal located in the north-gu port in the north-gu port at one of the port at one of the port at one of the port at one of the port at one of the ports in the same Dong from about 50 meters to the front road in the same Dong; and (b) was under the influence of alcohol of about 0.121%.

2. On November 28, 2016, the Defendant driven a motor vehicle as described in paragraph (1) while under the influence of alcohol with approximately 0.157% alcohol concentration in blood without obtaining a motor vehicle driver’s license from the public parking lot front of a passenger ship terminal located in the port and port in North-gu, North-si on November 28, 2016, from around 300 meters to the road front of the day in the same Dong, from the public parking lot in front of the passenger ship in the port and port in North-Gu, at around 00 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of each driving driver, and inquiring about the results of regulating drinking driving;

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 one and a copy of the summary order);

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and attend lectures, is that the defendant is under the influence of drinking and driving without a license, and the same crime is repeated for six days.

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