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(영문) 대구지방법원 포항지원 2014.08.21 2014고단520
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 27, 2013, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on September 27, 2013, and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) in the same court on December 2, 2013.

Although the Defendant was punished twice or more due to drunk driving, on May 21, 2014, at around 03:27, the Defendant driven B low-speed car at the 300m section from the front of the main station in the central non-fluoral distance in the north-gu north-gu at the port at the port to the front of the police station at the port of the port at the port, while under the influence of alcohol by 0.139% without obtaining a driver’s license, and was under the influence of alcohol by 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and 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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