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(영문) 대구지방법원 김천지원 2019.05.07 2019고단95

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to a suspended sentence of two months for the crimes of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, which was sentenced to a suspended sentence of two years for six months. On February 12, 2015, the Defendant was sentenced to a fine of six million won for the crimes of violation of the Road Traffic Act (driving) in the same support on May 26, 2016, and six months were sentenced to imprisonment for the crimes of violation of the Road Traffic Act (driving) in the same support on May 26, 2016, and was released on October 28, 2016 and passed on November 23, 2016 during the execution of the sentence.

Although the Defendant violated the provision on prohibition of drinking driving more than twice as above, at around 00:27, the Defendant driven a FranxG car without obtaining a driver’s license, from around 2000 meters away from the front of the C Hospital located in Gumi-si B to the front road of the Erax store located in Gumi-si Do, to around 0.066% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the control of drinking driving, each photograph, the ledger of driver's licenses for motor vehicles, and details of the revocation of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type judgment, etc.), each judgment, and the application of Acts and subordinate statutes on the current status of accommodation of each individual;

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;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to six months up to one year and six months;

2. Application of the sentencing criteria: The sentencing criteria are not set. 3. Determination of sentence: The defendant's blood alcohol concentration at the time of committing the crime of eight months imprisonment is not high, the driving distance is not set.