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(영문) 대구지방법원 김천지원 2015.09.17 2015고단664
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 21, 2011, at the Daegu District Court Kimcheon Branch, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act, and on January 3, 2012, the same court issued a summary order of four million won for a violation of the Road Traffic Act.

1. Around 23:00 on March 14, 2015, the Defendant driven a ESF string car at a section of approximately 8km from the front of the Defendant’s house located in the Gumi-si, Gumi-si to the roads located in the Gumi-si, Gumi-si, Nowon-si.

2. On May 1, 2015, at around 23:10, the Defendant, without a car driver’s license, driven a rocketing car under the preceding paragraph at a section of approximately 300 meters from the front of the Defendant’s house to the front of the YYYYYYYYYYY 0.237%, while under the influence of alcohol with a blood alcohol content of 0.237%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Report on the actual state of driving, report on the actual state of driving, driver’s license, ledger of driver’s license, vehicle accident occurrence report, vehicle photograph, report on the actual state of driver’s license, blood alcohol appraisal report, traffic accident report, on-site photograph;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a report on confirmation of the same criminal records);

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 (Punishment of the crimes of violation of the Road Traffic Act referred to in paragraph (2) at the time of marketing, the crimes of violation of the Road Traffic Act, and the crimes of violation of the Road Traffic Act, and the punishment provided for in the preceding crimes of heavy concurrent crimes);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. The extent of the application of each of the crimes in the judgment on the reason of sentencing (see the following reasons for sentencing) under Articles 53 and 55(1)3 of the Criminal Act shall be limited to discretionary mitigation, and the decision shall be made.

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