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(영문) 대구지방법원 김천지원 2013.06.27 2013고단471

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 12, 2012, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon branch of the Daegu District Court on July 12, 2012; on November 30, 2012, in the Daegu District Court Kimcheon branch of the Daegu District Court, he/she was sentenced to imprisonment for 8 months and 2 years of suspended execution; and on December 8, 2012, he/she is still under suspended execution.

【Criminal Facts】

around 22:05 on April 28, 2013, the Defendant driven a DM7 car under the influence of alcohol concentration of 0.078% without obtaining a driver's license in front of the swimming pool in the Sinsi-si, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes attached to criminal records, investigation reports, previous records, summary orders, etc.;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of a sentence of alternative imprisonment (the fact that the person commits the instant crime even though he/she has been punished for driving under drinking or driving without obtaining a license on a multiple occasions, and the fact that the person committed the instant crime even though he/she has been under probation, such as

1. It is so decided as per Disposition on the grounds of not less than Articles 53 and 55(1)3 of the Criminal Act (i.e., that there is a reflective fact, a family member to be supported, and a blood alcohol concentration is not very high).