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(영문) 대구지방법원 포항지원 2016.05.25 2016고단257
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

On September 1, 201, the Defendant issued a summary order of KRW 4 million for a violation of road traffic laws in the Daegu District Court Port Support on September 1, 201, and a summary order of KRW 5 million for a crime of violation of road traffic laws in the same court on August 16, 2012.

1. On February 22, 2016, under the influence of alcohol content of 0.070% in blood at around 23:31, the Defendant driven B Poter truck at a section of about 800 meters from the 19-9-way road north-gu in the north-gu in the north-west Port to the front of the modern HCM.

2. On April 18, 2016, around 09:15, the Defendant driven B Poter Cargo Vehicles without obtaining a driver’s license from a section of approximately 500 meters up to the front road of the Northern-dong apartment apartment in the north-gu, Dong-dong, Chungcheongnam-dong, North-dong, Dong-dong, in the front of the port at the port.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. The driver's license ledger;

1. Reporting on the detection of suspected violation of traffic laws (unlicensed driving) on the road;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order attached to the suspect's previous history);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1, 44(1) (the point of drinking) of the Road Traffic Act, Article 152 subparag. 1, and 43 of the Road Traffic Act (the point of driving without a license), and each decision of imprisonment (the fact that a person commits the instant crime even though he/she had a record of punishment for the same kind on six occasions of driving without a license and three times of driving without a license, etc.)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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