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(영문) 대구지방법원 서부지원 2012.11.15 2012고합379

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On January 9, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the credit support of Suwon District Court on January 9, 2009, at the Daegu District Court on June 4, 2009, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (recognition) and a fine of KRW 5 million for a violation of the Road Traffic Act (regnition) at the Daegu District Court on November 4, 2009, and on November 22, 2011.

On August 2, 2012, at around 23:44, the Defendant driven a CF car under the influence of alcohol content of about 0.097% without a vehicle driver’s license at a section of approximately 2 kilometers in front of the long-term gas station located in the Seogu Seo-gu Seoul Metropolitan City, from the front of the cafeteria “YGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGR

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, and the inquiry into the results of the crackdown on drinking;

1. An inquiry into driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, and criminal investigation reports (attached to a written judgment, prior to the disposition and report on results of confirmation);

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 is that the defendant confessions the instant crime and is in profoundly against the Defendant, and disposes of the instant vehicle, etc. is favorable circumstances.

However, the Defendant committed the instant crime even seven times after the year 200, and the Defendant was under the influence of drinking on January 9, 2009.