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(영문) 대구지방법원 포항지원 2015.01.29 2014고단1150
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 April 1, 2008, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on April 1, 2008. On October 22, 2009, the same court was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 8 million by the same court on November 26, 2012, respectively.

On March 16, 2013, the Defendant, without obtaining a driver’s license on March 21, 2013, driven B Poter truck at a section of about 50 meters in front of the front of the front door of the Cheongwalz in the world of Cheongcheon-gu, Nam-gu, Chungcheongnam-gu, under the influence of alcohol by 0.086% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses (record 94 pages);

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, results of inquiry, investigation reports (investigative records, 37 pages), written judgments (investigative records, 38 pages or less) and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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