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(영문) 대구지방법원 포항지원 2019.07.04 2019고단446
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 15, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on September 15, 2009, and the Defendant was issued a summary order of KRW 3 million for the same crime on September 21, 2018.

【Criminal Facts】

On April 7, 2019, the Defendant driven a F car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.113% from the parking lot C located in the Northern-gu B at Port and from around 200 meters to the front road in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (related to the same kind of records), and application of each summary order-related Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen (in consideration of the blood alcohol concentration level);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended sentence (see, e.g., Article 62 (1) of the Criminal Act)

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

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