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(영문) 대구지방법원 포항지원 2016.01.28 2015고단1224
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 August 16, 2012, the Defendant issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on August 16, 2012, and on October 5, 2009, the Defendant issued a summary order of a fine of 1.5 million won for the same crime in the same court, and has two or more records of violating Article 44(1) of the Road Traffic Act.

On November 01, 2015, the Defendant, without obtaining a driver’s license for a vehicle at around 00:48, driven BM5 vehicle at the section of approximately 100 meters from 7:00 meters to 100 meters away from the 7rd-ro, Yancheon-ro, Yancheon-ro, 284, in the state of alcohol leveling to 0.089% in alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to the same criminal record and summary order);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that have been punished on three occasions due to drinking driving and other favorable records that have been punished on several occasions: Simple drinking, without a license, do not cause a traffic accident; the drinking value is relatively high; the driving distance is not long; there is no history of punishment exceeding a fine; and the fact that there is no history of punishment exceeding a fine; and the fact that the drinking is against the mistake;

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