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(영문) 대구지방법원 김천지원 2014.08.27 2014고단719

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On November 7, 2007, the Defendant was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-gu branch on October 10, 2007. On March 20, 2014, the Defendant was sentenced to a fine of five million won in the same court as the same crime, and the Defendant has the same kind of power of eight times in total.

On April 19, 2014, at around 00:15, the Defendant driven a B-ray driver with a alcohol level of at least 0.05%, without a vehicle driver’s license, from around 300 meters from the front day of a restaurant in the name of the Guamambro-si, Seoul to the front day of the Dong B-ray, the Defendant driven a B-ray driver without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 has a history of criminal punishment for a large number of persons due to drunk driving or unlicensed driving, and the suspension of the execution of the sentence is also included twice. In particular, as stated in its reasoning, the instant drinking andless driving were conducted in the instant case, and there are no circumstances to consider in the motive for driving.

In light of this point, it is judged that it is difficult to expect the improvement of the defendant's character and behavior due to the same punishment as the previous one, so the sentence is imposed, but considering all the circumstances such as the defendant's age, character and behavior, environment, etc., the sentence is