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(영문) 대구지방법원 김천지원 2012.09.14 2012고합159

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 21, 2009, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and KRW 2,00,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on March 9, 2009.

On June 29, 2012, at around 22:05, the Defendant driven a motor vehicle of Category B with blood alcohol concentration of about 0.122% without obtaining a driver's license in a section of about 1km from the front of the apartment site in front of the apartment site, which is located in Kimcheon-si, Kimcheon-si on the same day from the front of the apartment site, to the front of the landscape park in front of the landscape park in Kimcheon-si, Kimcheon-si on the same day.

Summary of Evidence

1. The defendant's legal statement; 1. The police statement to C;

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

1. Records before judgment: Application of criminal records, etc. and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 (hereinafter referred to as "ordinary circumstances favorable to the defendant among the reasons for sentencing") provides that the current Road Traffic Act shall impose more strict punishment in cases where a person who has violated the provision on the prohibition of drunk driving twice or more for the purpose of preventing the drunk driving which threatens the safety of road traffic and ensuring the awareness of such violation. In addition to the previous conviction in the judgment of the defendant, the defendant committed the crime of violation of the Road Traffic Act (Refusal of Drinking Measures) on June 25, 2009, even though the court was sentenced to two years of suspended sentence for 10 months in prison, the defendant shall be sentenced to a punishment for a considerable period of time. In full view of the fact that the defendant committed the crime of this case.

(b).