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(영문) 대구지방법원 포항지원 2019.01.10 2018고단1400
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

On May 1, 2015, the Defendant issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in Daegu District Court racing support, and a summary order of KRW 5 million for the same crime in the Daegu District Court Port Support on November 29, 2017.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on October 22, 2018, the Defendant was under the influence of 0.138% of blood alcohol concentration without obtaining a driver’s license at around 22:28 on October 22, 2018, the Defendant driven a F rocketing car at the distance of about 2km from the Do in front of the south-gu C market located at the port of port to the front of the road located at the same Gu E located at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

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

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor as a matter of choice (to take into account the fact that the blood alcohol concentration of this case is considerably high enough to drive without obtaining a license, the fact that the act of this case was committed again despite the fact that the drinking driving had been punished three times due to the influence of alcohol, and other traffic-related criminal records are not significant);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3 (see, e.g., Supreme Court Decision 2009Do

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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