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(영문) 대구지방법원 포항지원 2015.09.04 2015고단645
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 8, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Incheon District Court, and was sentenced to a fine of KRW 1 million on April 11, 2008 by the Incheon District Court, and was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act at the Daegu District Court Port Branch on March 25, 2014, and was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Daegu District Court Port Branch on May 1, 2015, and continues to be sentenced to a suspended sentence of 6 months for a crime of violation of the Road Traffic Act at the Daegu District Court Port Branch on May 1, 2015.

【Criminal Facts】

On June 22, 2015, the Defendant, without obtaining a driver’s license at around 02:30, driven a vehicle with 2 km B in front of the main station in the vicinity of the death engine of the North-gu Dong-dong at port at the port, under the influence of 0.186% of alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgments of the same kind of suspect);

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. On May 1, 2015, the Defendant was sentenced to a suspended sentence of six months due to driving without a license for drinking alcohol, but the prosecutor appealed against the suspended sentence and filed an appeal. In light of the fact that the instant crime was committed while the two months have not elapsed since the date of the above sentence, the sentence of imprisonment is inevitable.

In addition, the sentencing conditions shown in the records and arguments of this case are integrated and ordered.

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