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(영문) 대구지방법원 서부지원 2012.09.27 2012고합301

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 7, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Seogu District Court Branch of the Daegu District Court. On September 16, 2011, the same court was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving). On July 19, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and two years for a suspended sentence, and the said judgment became final and conclusive on July 27, 2012.

On June 24, 2012, at around 16:30, the Defendant driven D1 ton cargo vehicles under the influence of alcohol content of 0.111% without obtaining a driver's license from a section of about 900 meters from the front of the outer work site of the Sung-gun, Sung-gun, Seongbuk-gun, the Sung-gun, to the front of the same military road in the same Dosung-gun.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol, but once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses and disqualified driving licenses;

1. Previous records of judgment: Criminal records, etc., references to criminal records, etc., amounts of dispositions, reporting on the results of confirmation, and application of 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 latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act [the above crime and the violation of the Road Traffic Act, etc., of which judgment has become final and conclusive on July 27, 2012];

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the defendant led to the instant crime and is depthed.