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(영문) 대구지방법원 의성지원 2015.12.03 2015고단182

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2, 2009, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving on the part of the Daegu District Court). On April 12, 2010, the Defendant was sentenced to a fine of 3.5 million won by the same court due to a violation of the Road Traffic Act (driving on the part of the Defendant).

Although the facts charged stated that "the defendant was sentenced to two years of probation for the same court on November 27, 2014 due to a violation of the Road Traffic Act (driving) and is currently under probation, the defendant was sentenced to the above judgment as a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the Guarantee of Automobile Accident Compensation Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act (unlicensed Driving). However, the defendant was not sentenced

On October 8, 2015, at around 21:45, the Defendant driven a 21 ton truck under the influence of alcohol with 0.117% alcohol concentration, without obtaining a driver’s license, at a section of about 1km in front of a single oil station located in the same Doning on the road in front of the 3rd village.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor as a matter of choice (the defendant's driving of a motor vehicle without a driver's license shall be sentenced to imprisonment with prison labor as he/she drives a motor vehicle while driving the motor vehicle without the driver's license and

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act)