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(영문) 대구지방법원 포항지원 2017.05.11 2017고단151
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 March 16, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law at the port branch of the Daegu District Court on March 16, 2007, a summary order of KRW 3 million for the same crime in the same court on June 1, 2011, and a summary order of KRW 7 million for the same crime in the same court on March 4, 2015, respectively.

[Criminal facts] The Defendant is a person engaged in driving a vehicle BM5 vehicle.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (driving) as above, on January 30, 2017, the Defendant driven the said vehicle without a driver’s license, while under the influence of alcohol content of approximately 0.105% from the 1km section of approximately 1km to the 40th malle of the “Glish Slish Slish Slish,” located in the north-gu 47-ro, 12, the north-gu, Manish Slish, at the port of port, from January 30, 2017 to the 44th malle of the same death road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (prior convictions and confirmations)-related Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. The reasons for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, the defendant's mistake is divided, the defendant has no record of punishment for the same kind of crime except the fine, the defendant's disposal of the vehicle, and the defendant's disposal of the vehicle does not repeat again, and the defendant's age, environment, sex, family relationship, etc. are all considered.

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