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(영문) 대구지방법원 포항지원 2017.07.20 2017고단453
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 15, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking) at the port branch of the Daegu District Court on July 15, 2009, and on May 6, 2015, the same court issued a summary order of KRW 5 million for the same crime.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 driven a car with B the 50-meter section from the 500-meter section from the Ocheon-Eup market located in Yancheon-gu, Namcheon-gu to the front day of the Yandong located in the same Eup/Myeon, under the influence of alcohol content at around 17:35 on March 6, 2017 without a driver’s license, while he was under the influence of alcohol content at around 0.173%.

On June 5, 2017, the Defendant, at around 16:15, 2017, driven a B-L car from around 100 meters away from the 100-meter section to the front road of the same death of the death of the North-gu at the port without the driver’s license of the vehicle.

Summary of Evidence

"2017 Highest 453"

1. Statement by the defendant in court;

1. C’s statement;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment to previous rulings), copies of summary orders "24 high-end 724";

1. Statement by the defendant in court;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount of punishment are the crimes of violating the Road Traffic Act.

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