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(영문) 대구지방법원 포항지원 2015.09.10 2015고단501
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 16, 2013, the Defendant received a summary order of KRW 1,500,000,000 from the Daegu District Court Branch Branch on the summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine in the same court on August 14, 2013.

【Criminal Facts】

On May 23, 2015, the Defendant driven a B B-pin car under the influence of alcohol leveling of about 0.057% without obtaining a driver’s license in a section of approximately 500 meters in front of the department stores, from the bridge in the south-gu Songdo-dong, Nam-gu, Sinpo-si, in the same way as the transmission bridge in the same Dong from May 23, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 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 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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 the defendant has a number of records of punishment for drunk driving and driving without a license, which are favorable to the fact that there are many times, and there are many other favorable records of punishment for driving-related crimes: simple drinking, driving without license, which does not cause traffic accidents, low drinking level and driving distance is not relatively long, and there are no other records of punishment exceeding fines, but there are no other records of punishment exceeding fines prior to about 35 years; and the fact that there are no other records of punishment exceeding fines;

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