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(영문) 대구지방법원 포항지원 2016.01.28 2015고단1255
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 6, 2011, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court. On July 13, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

[2] While Defendant 1 had been punished twice or more due to the above violation of the Road Traffic Act (driving of alcohol), Defendant 2 driven a vehicle with a 500-meter B Tradon XG car from the roads near the main station where it is impossible to find out the trade name located in Dongcheon-dong at the time of racing without obtaining a driver’s license on October 31, 2015 to the next day of the military unit located in the same east-dong, while under the influence of around 19:50 on October 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of three copies of a summary order;

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

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that have been punished twice due to drinking driving and have the power to be punished due to non-licenseless driving: simple drinking, non-licenseless driving, the traffic accident does not occur due to simple driving, non-licenseless driving, the fact that the drinking value is not particularly high, the fact that there is no record of punishment exceeding a fine, the fact that there is no record of punishment exceeding a fine, and the fact

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