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(영문) 대구지방법원 포항지원 2019.05.22 2019고단358
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

[criminal power] On July 16, 2008, the Defendant issued a summary order of one million won or more for the crime of violating the Road Traffic Act in the Daegu District Court's port support on July 16, 2008, and a summary order of four million won or more for the same crime in the same court on July 6, 2018.

【Criminal Facts】

On March 21, 2019, around 21:15, the Defendant driven a F knife car under the influence of alcohol concentration of 0.078% without obtaining a driver’s license from the front road in North-gu, Northern-si B to the front road in the same Gu’s D located.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same kind of power attached) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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