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(영문) 대구지방법원 포항지원 2015.04.09 2014고단1334
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

[criminal power] On May 4, 2012, the Defendant issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the main district court of Chuncheon on May 4, 2012, and on July 14, 2014, a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On November 17, 2014, the Defendant, without obtaining a driver's license at around 02:05, driven a BP car at a section of about 500 meters from the front of the relative resident center located in the south-gu opposite Dong at the port at the port of port to the front of the office of the Poto Transport Disabled Persons Association.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving and the circumstantial report of drinking drivers;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. The reason for sentencing of 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 for drunk driving, and again causes traffic accidents while driving under a license without drinking, and that drinking water is highly high.

However, the fact that there is no criminal record exceeding the fine against the defendant, that the defendant is going to not drive a drinking again in the future as he reflects the mistake, and that it is before and after the defendant's age, character and behavior, environment, and crime.

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