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(영문) 대구지방법원 김천지원 2015.10.07 2015고단709

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 20, 2006, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on December 20, 2006, and sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving), etc. on October 8, 2010, and sentenced the same court on July 16, 2012 to a fine of 4 million won for a violation of the Road Traffic Act (driving). On January 3, 2014, the same court on January 3, 2014, as a person who was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of 6 months under the Road Traffic Act more than twice.

On April 29, 2015, at around 01:29, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a Cisler vehicle at the 1km section from the front edge of the 2nd century to the front edge of the Pyeongtaek-si, which is under the direct adjustment of the 0.151% of the blood alcohol concentration in Pyeongtaek-si, to the front edge of the 2nd century to Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (including attachment of written judgments (including attached judgments and summary orders)) Acts and subordinate statutes;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized all of the instant crimes and again sold a vehicle that he operated while not driving under the influence of alcohol and driving without obtaining a license, and the accident is committed during the instant crime.