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(영문) 대구지방법원 포항지원 2015.02.05 2014고단1254
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 16, 2012, the Defendant, at the port branch of the Daegu District Court, issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, and on June 5, 2014, issued a summary order of KRW 5 million for the same crime in the same court on at least two occasions. On October 27, 2014, the Defendant driven a Cystn vehicle at the section of approximately 2 km from the “land distance” located in the north-gu upstream-dong at the port of port to the front of the “Yannam Energy” located in the same Gu, under the influence of alcohol concentration of KRW 0.070% without obtaining a driver’s license at around 01:30 on October 27, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports (suspects' previous convictions and criminal facts);

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 (including the fact that the defendant has no previous conviction or heavier than the suspension of execution, and the fact that his mistake is recognized and reflected, etc.);

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

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