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(영문) 대구지방법원 김천지원 2014.11.20 2014고단1054

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 16, 2007, the Defendant was sentenced to six months of imprisonment, suspension of execution of sentence two years, and suspension of execution of sentence two years in the Daegu District Court Kimcheon Branch on July 2, 2007, for the crimes of violation of the Road Traffic Act.

On September 16, 2014, the Defendant driven a Cgner vehicle under the influence of alcohol without a vehicle driver's license at a section of about 7 km from the front of the restaurant to the entrance of the Cgner house located in the Gu-U.S. Seog-gu, Seocheon-si, Kimcheon-si, the lower court driven the Cgner vehicle without a vehicle driver's license at a section of about 0.086% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on the confirmation of the same criminal records);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. In addition, the first sentence of suspended execution, which is judged to be a violation of the Road Traffic Act (damage to property by negligence, damage to property without permission, and failure to take any action after an accident), has the history of being sentenced to the suspended execution of the second sentence, and the second sentence of suspended execution was purchased immediately after the suspended execution of the second sentence. On August 4, 2014, the first sentence of the suspended execution was imposed on the person who was unable to drive a vehicle after the suspended execution of the second sentence. On August 4, 2014, the second sentence of the suspended sentence was imposed on the person who was sentenced to the special code of non-driving. The second sentence was imposed on August 7, 2014 on the person who was sentenced to the special rule of non-driving.

9. 3. The crime was committed even with the oral guidance that the driver will not drive without a license.

In light of the behavior and pedestrian condition at the time of the crime, the degree of the taking.