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(영문) 대구지방법원 포항지원 2014.12.18 2014고단1102
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 1, 2009, the Defendant issued a summary order of KRW 3 million for a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the port branch of Daegu District Court on July 1, 2009, the summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the same court on October 4, 201, and the summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the same court on February 19, 2014, respectively.

On August 2, 2014, the Defendant, without obtaining a driver’s license on August 2, 201, driven BL car at a section of about 800 meters from the road front of the Changpo-dong Changpo-dong Changpo-dong, North Korea at the port, under the influence of 0.202% of alcohol level without obtaining a driver’s license on August 2, 201.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (28 pages of investigation records) and application of each summary order Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act - Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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