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(영문) 대구지방법원 상주지원 2012.07.05 2012고합33

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 15, 2007, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act (driving) at the Cheongju District Court on June 15, 2007, a fine of four million won as a crime of violation of the Road Traffic Act (driving) at the resident support of the Daegu District Court on June 18, 2010, and on March 13, 2012, at the resident support of the Daegu District Court on March 13, 2012, the Defendant was sentenced to a suspended sentence of two years for eight months.

On April 29, 2012, around 14:48, the Defendant driven a tea in the state of alcohol of 0.103% of the blood alcohol concentration without obtaining a driver’s license from the part of the driver’s license to the part of the 1km in the same Eup/Myeon, which is located in the upper part of the Seodaemun-gu Si, Seo-gu, Seo-gu, Seoul, to the part of the 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the report on detection of drivers, the report on the de facto statement of drivers, the register of driver's licenses, and the details of revocation of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry report, previous records of disposition, report on results of confirmation (two copies), investigation report (former records, confirmation, and attachment of judgment), summary order, and application of each Act or subordinate statute stated in judgment;

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. Although the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation shows the attitude that the Defendant has led to the confession of all of the instant crimes and that he/she had been punished several times due to drunk driving or driving without a license, it again leads to the instant crime. In particular, even though he/she was punished several times due to a drunk driving or driving without a license on March 13, 2012, he/she was sentenced to two years of suspended sentence for eight months of imprisonment due to a drunk driving on March 13, 2012, and the said judgment became final and conclusive.