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(영문) 대구지방법원 포항지원 2017.10.18 2017고단1053
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) in the Young-gu District Court Young-gu District Court (Seoul District Court) and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on December 21, 2016.

Although the Defendant had been punished twice or more due to drinking, on August 10, 2017, at around 02:45, the Defendant driven a B rocketing car from approximately 300 meters away from the 300m section to the front road of the north-gu west-dong in the port at the port of port in the state of alcohol content of 0.191% of alcohol during blood without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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