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(영문) 대구지방법원 영덕지원 2019.02.27 2018고단234

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 15, 2006, the Defendant was sentenced to a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act, and a fine of KRW 3 million by a fine for a violation of the Road Traffic Act, etc. by the Seog District Court’s branch on August 10, 2009. On September 24, 2015, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Port Branch on September 24, 2015.

On November 18, 2018, the Defendant driven a motor vehicle with Eme off without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.101% at the 1km section from the front of a restaurant in which it is impossible to identify the trade name in the Gyeong Young-gun B.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) are as follows: (a) the Defendant recognized all of the instant crimes; and (b) repented and reflected his mistake.

However, the defendant is sentenced to a fine in 2006 due to drinking driving, a traffic accident while driving without a license in 2009, a fine in 2009 due to a driving without a license, a suspended sentence in 2009 due to a driving without a license, a fine in 2012 due to a driving without a license, a suspended sentence in 2015 due to a driving without a license, and a suspended sentence in 2015.