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(영문) 대구지방법원 포항지원 2016.01.27 2015고단1267
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant issued a summary order of KRW 1 million on August 4, 2014, for a crime of violating road traffic laws in the port support of the Daegu District Court on the following grounds: (a) on March 18, 2015, for a crime of violating road traffic laws, the Defendant issued a summary order of KRW 4 million for a crime of violating road traffic laws in the Daegu District Court Port support.

【Criminal facts constituting the Defendant, without obtaining a driver’s license on November 22, 2015, operated BM7 car from around 1km to the front side of the apartment 40-day, Nam-gu, Nam-gu, Chungcheongnam-gu, in the south-gu, in the state of alcohol concentration of 0.108% in the blood alcohol level from around 22:40 on November 22, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving on the vehicle, ledger of driver's licenses, and inquiry into the results of crackdown on driving on drinking (section 18);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the previous summary order) statute;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order and Order to Attend Education Act, Article 59 of the Act on the Observation, etc. of Protection, etc. is not only the defendant once or twice a person was punished due to drinking, but also the defendant once a driver's license is revoked, but also the defendant once again drives a drinking, but also the drinking value is high.

However, the fact that the defendant recognized all of the crimes of this case, and the means and result of the crime of this case, all of the conditions of sentencing, including the circumstances after the crime of this case, the age of the defendant, sexual conduct, family environment, etc., shall be determined as per the order.

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