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(영문) 대구지방법원 포항지원 2016.09.08 2016고단863
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 February 19, 2014, the Defendant was issued a summary order of KRW 7 million for a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on February 19, 201, a fine of KRW 3 million for the same crime in the same court on August 16, 2011, and a fine of KRW 1 million for the same crime in the same court on March 2, 2009.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, at around 02:50 on June 25, 2016, the Defendant driven a Bcoon with a blood alcohol level of 0.112% under the influence of alcohol level of 0.12% without obtaining a driver's license in a section 10 meters in front of the Dong-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Do-dong Y

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements 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 inquiries, such as criminal records, investigation reports, and statutes;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, character and behavior, other than the above circumstances, are the following facts: (a) probation and lecture attendance order has three times of drinking driving; (b) there is a history of punishment for one time of driving without a license; (c) circumstances favorable to the high drinking level: simple drinking; (d) traffic accidents are not caused by a driving without a license; (e) the driving distance is relatively short; and (e) there is a relatively short distance of driving; and (e) there is no other penalty

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