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(영문) 대구지방법원 포항지원 2015.04.29 2015고단90
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 15, 2010, the Defendant issued a summary order of KRW 3 million to a fine of KRW 1 million to a violation of the Road Traffic Act (driving) in the Daegu District Court Port Branch on January 15, 201, a summary order of KRW 3 million to a fine of KRW 3 million to the same court on August 1, 201, and a summary order of KRW 5 million to the same court on May 29, 2013 as a crime of violation of the Road Traffic Act (driving). On October 8, 2014, the Defendant issued a summary order of KRW 1 million to a fine of KRW 1 million to the same court on the same day.

Although the Defendant was punished twice or more due to drunk driving, on February 14, 2015, the Defendant driven B car at a section of about 300 meters from the front side of the landing place located in the south-gu, Chungcheongnam-gu, the Nam-gu, the Nam-gu, the Nam-gu, the Nampo-si, the Nampo-si, the Nampo-gu, the Nampo-gu, the Nampo-si, the Hanpo-si was under the influence of 0.136% of alcohol level without obtaining a driver’s license on February 14, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drinking drivers, report on the state of drinking drivers, and report on the results of the crackdown on drinking driving;

1. Registers of driver's licenses, and car4;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order of the same attached power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the defendant was punished several times due to the crime of drinking or driving without a license, and that he/she drives without a license, etc., is disadvantageous to the defendant.

However, the defendant reflects the wrong and future.

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