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(영문) 대구지방법원 포항지원 2019.09.05 2019고단875
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On December 5, 2016, the Defendant was issued a summary order of KRW 3 million by the same court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million by a fine in the same court on March 3, 2017.

【Criminal Facts】

Although the Defendant had been punished for drunk driving twice or more, on June 20, 2019, at around 00:50, the Defendant driven a motor bicycle under the influence of alcohol concentration of 0.182% without obtaining a motorcycle driver's license from the Do in front of the C cafeteria located in the north-gu, Mapo-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of a sentence of alternative imprisonment (in light of the fact that prior to the instant case, a person has been punished by a fine on three occasions due to drunk driving and unlicensed driving);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended sentence (see, e.g., Article 62 (1) of the Criminal Act)

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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