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(영문) 대구지방법원 포항지원 2016.08.25 2016고단779
도로교통법위반(무면허운전)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

[criminal history] On June 1, 2007, the Defendant received a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act in the port support of the Daegu District Court, and on May 2, 2016, the same court issued a summary order of KRW 1,50,000 as a fine for a crime of violating the Road Traffic Act.

[2] While Defendant 1 violated Article 44(1) of the Road Traffic Act two or more times, Defendant 2 driven B Oba under the influence of alcohol leveling 0.202% of alcohol level in the blood alcohol level without obtaining a bicycle license in approximately 500 meters from the front of a restaurant in front of a restaurant in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the same Eup/Myeon in front of the same Eup/Myeon, where it is difficult to identify the trade name in the south-gu, Chungcheongnam-gu, and the like.

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 previous convictions and related judgments);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 fact that there exists a record of being punished twice due to drinking driving, the fact that drinking is very high, and the record of being punished due to the crime related to driving is several times: The fact that there is no traffic accident due to simple drinking, non-licenseless driving, the fact that the driving distance is relatively not relatively long, and there is no record of punishment exceeding the fine.

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