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(영문) 대구지방법원 포항지원 2016.06.16 2016고단297
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 April 15, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court (Seoul District Court) on April 15, 201, and a summary order of KRW 5 million for the same crime at the same court on July 14, 2014.

On March 22, 2016, the Defendant driven a new-chip vehicle with approximately 0.082% alcohol concentration in blood without a vehicle driver’s license at a distance of about 20 meters from the front passage of the Yancheon-gu, Yongcheon-gu to the front route of the same Eup from the 20-day elementary school located in the same Eup.

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, report on investigation (Attachment to the same type of judgment attached thereto);

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 are favorable to the fact that a person has been punished twice due to drinking driving, a person without a license, is not causing a traffic accident due to a simple drinking or a non-licenseless driving, the distance of driving is not relatively short, and the drinking level is not relatively high, 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 a person reflects mistake;

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