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(영문) 대구지방법원 포항지원 2015.08.27 2014고단514
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 28, 2008, the Defendant was punished by a fine of two million won due to a violation of the Road Traffic Act, etc. at the Daegu District Court on April 15, 201, by a fine of two million won due to a violation of the Road Traffic Act (driving) and a summary order of eight million won as of April 22, 201 at the same court.

On May 18, 2014, the Defendant had been punished twice or more due to drunk driving, but at around 07:25, the Defendant driven Brocketing car from the front of the main point where it is impossible to identify the trade name of balmp road at port at the time of port in the state of alcohol concentration of 0.115% under the influence of alcohol without obtaining a driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of a drinking driver and notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, investigation report (report attached to a summary order of the same kind of 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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. There are extenuating circumstances, such as the mere drinking of the reason for sentencing, the fact that the driving without a license does not cause a traffic accident due to a mere drinking of the reason for sentencing, and the fact that the Defendant has no history of punishment exceeding the fine, under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

However, there are several records of criminal punishment for the defendant for drinking driving, and the crime of this case has not yet been done one month after receiving a summary order of a fine of eight million won due to drinking driving.

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