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(영문) 대구지방법원 김천지원 2013.11.20 2013고단1179

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 22, 2010, the Defendant was sentenced to a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on November 30, 2012, the Defendant was sentenced to a suspended sentence of 2 years by imprisonment for a violation of the Road Traffic Act.

At around 21:00 on September 21, 2013, the Defendant driven B-be under the influence of alcohol level of about 0.062% without obtaining a driver’s license in the section of about 15 km from the front of the mountain lives restaurant located in the lives of the Gosi-gu, Young-si, Young-si to the front of the lives road located in the Dong-si, Kimcheon-si, Kimcheon-si, the Defendant driven B-be under the influence of alcohol level of about 15 meters.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) 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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the career of having been punished five times from January 2001 to November 201 due to drunk driving or unlicensed driving. In particular, on November 201, it is inevitable to sentence sentence in light of the following: (a) the Defendant was sentenced to a suspended sentence for six months due to drunk driving or unlicensed driving; (b) the Defendant is currently under suspended sentence; (c) the Defendant was committing the instant crime; and (d) the driving distance reaches 15km.

On the other hand, there is no high drinking water level, and there is a so-called so-called so-called so-called marier, and a single-parent.