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(영문) 대구지방법원 포항지원 2016.06.30 2016고단228
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

1. On February 2, 2016, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (drinking without a license) on August 13, 2012, with a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (drinking) in the Port Support of the Daegu District Court in Daegu District Court on August 13, 2012; and on July 31, 2014, the same court received a summary order of KRW 8,00,000 from the same crime on at least two occasions and received a summary order of KRW 8,00,000 from the same court on at least two occasions, on February 2, 2016, while under the influence of alcohol of KRW 00:00 and KRW 0.105% of alcohol level from the blood alcohol level without a driver’s license, and driven a vehicle with at least 300 meters in the direction of the road in front of the real estate located in the same Dong.

2. On March 6, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) on March 6, 2016, at around 05:00 on March 6, 2016, driven the Category of Mati Motor Vehicle in the section of approximately 4km from the road front of an island located in the south-gu Sea Zone at the port of the port at the port of the port of Korea without a vehicle driver’s license to March 6, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of a report on detection of a driver engaged in driving and the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of a summary order of the same kind of power);

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 (a punishment imposed on a person who commits a crime of violating the Road Traffic Act on February 2, 2016) of the same Act shall be imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy drinking;

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes within the scope of the sum of the long-term punishments for two crimes specified in a crime of violating the Road Traffic Act due to heavy drinking driving);

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing amounts are less than the following) of the mitigated amount of punishment.

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