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(영문) 대구지방법원 영덕지원 2017.04.26 2017고단69

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 25, 2004, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (refluence of drinking), a fine of six million won for a violation of the Road Traffic Act (refluence of drinking), a fine of four million won for a violation of the Road Traffic Act (refluence of drinking), a fine of four million won for a violation of the Road Traffic Act (refluence of drinking), the same court on July 22, 2010, and the same court on December 8, 2010 (refluence of drinking), and on October 12, 2011, the Defendant was sentenced to imprisonment of six months for a violation of the Road Traffic Act (refluence of drinking), respectively, at the same court on February 12, 2015, and completed the sentence on August 8, 2015.

On March 22, 2017, the Defendant driven a Fcoon vehicle with approximately 5km alcohol content of 0.231% while under the influence of alcohol without obtaining a driver’s license from the front of the Defendant’s house located in G, G, and the front of the E, located in D, at around 13:30 on March 22, 2017.

Summary of Evidence

In the Defendant’s legal statement, a report on the situation of driving under the influence of alcohol, a report on the driver’s statement, a notification of the results of the driving under the influence of alcohol, a vehicle driver’s license register, a vehicle investigation report (in the case of a repeated offense report), an investigation report (in the case of a repeated offense report), and a previous record on each attached material: A reply to inquiry about criminal history, etc., a criminal investigation report (in the case of a confirmation report on the previous records), Articles 148-2(1)1, 44(1) of the Road Traffic Act (in the case of a criminal offense subject to the applicable Acts and subordinate statutes), Articles 152 subparag. 1, 43 of the Road Traffic Act (in the case of a drunk driving without a license), Articles 40 and 50 of the Criminal Act, and Article 35 of the Criminal Act of aggravated repeated crimes subject to punishment of punishment under Article 35 of the Criminal Act, which led to the Defendant’s failure to obtain a driver’s license at the time of driving.

The defendant shall be punished by a fine three times for the same crime, once.