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(영문) 대구지방법원 경주지원 2016.11.24 2016고단561

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 14, 2014, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act in Daegu District Court and racing support on March 14, 2014; on November 12, 2015, the Defendant was sentenced to a suspended sentence of eight months for a crime of violating the Road Traffic Act; on November 20, 2015, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act; and on November 20, 2015, the Defendant was still under the suspended sentence of the said sentence, and

Despite the fact that the Defendant had been punished twice or more as above, at around 20:30 on May 17, 2016, the Defendant driven a rocketing motor vehicle with the blood alcohol concentration of 0.122% without a driver’s license, while under the influence of alcohol on the front of the D, which is located in C of the racing-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting on detection of suspects in violation of the Road Traffic Act (driving without a license), notification of the results of the control of drunk driving, report on the circumstantial statements of a drinking driver, inquiry into the results of the control of drunk driving, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, etc. inquiry reports (A), investigation reports (Attachment to the previous and summary order/judgments, and confirmation of the fixed date) and statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (a variety of extenuating circumstances, such as the fact that the criminal defendant repents his error in depth and, where a sentence is finalized, the suspension of the execution of the first head of the crime in the judgment of his own court is invalidated);