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(영문) 대구지방법원 김천지원 2014.01.16 2013고단1369

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 14, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court. On February 5, 2009, the Defendant was sentenced to a suspended sentence of KRW 2,50,000 for the same crime, etc. on October 5, 2009. On January 12, 2011, the Defendant was sentenced to a suspended sentence of KRW 8 months for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) at the Seo-gu District Court Branch of the Daegu District Court.

【Criminal Facts】

On October 12, 2013, at around 01:08, the Defendant driven a Cgp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. The register and investigation report of car driving licenses - Recognition of Unsuspectless licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (a summary order of the same kind of case, attachment of judgments), the current status of personal/Admittance, and application of Acts and subordinate statutes of one copy of the relevant Acts and subordinate statutes, respectively

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is sentenced to a fine on several occasions, suspension of execution, and suspension of execution.