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(영문) 대구지방법원 상주지원 2015.07.21 2015고단275

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On August 2, 2010, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the resident support of the Daegu District Court on August 2, 2010. On November 8, 2010, the Defendant was issued a summary order of KRW 3 million for the same crime with the same court on November 8, 2010. On July 22, 2014, the same court was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act.

[Criminal Facts] On May 28, 2015, the Defendant, without obtaining a driver’s license on May 28, 2015, driven a Birst car at approximately 20km from the front of LH7 apartment site located in Soyang-dong to the front of the Hoyang-ri 241-4 at the same time, in the same time, from the apartment road of LH7 apartment site located in Soyang-dong without a driver’s license on May 28, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of records, etc. of the same kind of crime against a suspect), copies of judgment attached thereto, and application of Acts and subordinate statutes of each summary order;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include several times of criminal convictions due to drunk driving, etc., and the Defendant commits the instant crime during the suspended execution period due to drunk driving, etc., and the Defendant is sentenced as the disposition, taking into account the Defendant’s age, character and behavior and environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc.