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(영문) 대구지방법원 2013.08.22 2013고단3240

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to one year to imprisonment for a violation of the Road Traffic Act (driving) in the Family Court of Daegu District on the sexual branch on November 10, 201, and completed the execution of the sentence in the Daegu Prison on August 17, 2012.

Criminal facts

On May 3, 2013, at around 06:30, the Defendant driven a Clearning car with approximately 500 meters alcohol level 0.123% under the influence of alcohol level, without obtaining a driver's license, from the front of the restaurant in which it is impossible to find out the trade name in the middle of the Hayang-Eup and the Hayang-si in the Hayang-si, Seoyang-si, Seoyang-si, the Gyeongyang-si, the Hayang-si, the Hayang-si, the Hayang-si, the Hayang-si, the lower court

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Disqualifications;

1. On-site and in-accident photographs;

1. Previous convictions: Criminal records, etc. inquiry reports, investigation reports (the confirmation, etc. of crimes during the period of repeated crimes of suspects), reports on the results of confirmation of the previous convictions before and after dispositions, one copy of the judgment of Daegu District Court (Seoul District Court), one copy of the judgment of 2011No3961, one copy of the judgment of 201No3961, one copy of the Supreme Court of 2010Do4621, one copy of the judgment of 2012Do4621, and one copy of the statutes applicable

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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 Article 35 of the Criminal Act, among repeated offenders, is that the Defendant was a majority of criminal records of the same kind, and that the Defendant did not know even though he was a repeated offender, and that the Defendant again committed the instant crime without being able to do so, is very serious.

However, it shall be considered that the defendant does not reach recidivism, such as the age, occupation, health status, family relationship, etc. of the defendant.