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(영문) 대구지방법원 포항지원 2012.11.26 2012고합177

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On December 15, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Port Support on December 15, 2009; on May 18, 2011, the above court notified each of the summary orders of KRW 2 million for the same crime; and on August 20, 201, the Defendant had been in violation of Article 44(1) of the Road Traffic Act more than twice. On August 20, 2012, the above court was sentenced to imprisonment for 6 months or 2 years of suspension of execution and became final and conclusive on August 28, 2012.

On August 18, 2012, the Defendant, without obtaining a driver's license on August 18, 2012, driven a Cobserver car at a section of about 500 meters from the date front of the North beach located in the northwest-gu, 0.197% of blood alcohol level at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at the port at

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: The application of Acts and subordinate statutes to inquiry reports, such as criminal records, before and after each disposition, reporting on results of confirmation, and investigation reports (a copy of judgment attached);

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 person who has more severe punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the fact that there is no criminal record other than the crime of violating the Road Traffic Act) lies in a criminal record subject to punishment for drunk driving three times prior to the instant crime. In particular, the instant crime committed on August 20, 2012 before the instant court was sentenced to a suspended sentence as stated in its reasoning due to drunk driving, and the Defendant’s attitude in the legal order is visible.