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(영문) 대구지방법원 2017.05.11 2017고단1091
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On August 4, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court, and on May 27, 2016, the Defendant was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving), etc. on two or more occasions, and on October 26, 2016, the judgment became final and conclusive on December 9, 2016.

[ 범죄사실] 피고인은 2016. 8. 3. 00:19 경 김포시 김 포한 강 11로 140번 길 14 쭈꾸으 리 앞 도로에서부터 같은 시 김 포한 강 4로 117 홍우 프 라자 앞 도로에 이르기까지 약 4km 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.151% 의 술에 취한 상태로 의무보험에 가입되어 있지 아니한 B 아반 떼 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the driver at the main place, register of driver's licenses, inquiry into the vehicle register, and mandatory insurance;

1. Previous records: Application of two Acts and subordinate statutes of each of the two copies, such as a reply to inquiry, a report on the results of confirmation of the previous records of the disposition, a report on investigation (Attachment of criminal records of the suspect), a report on investigation (Attachment of punishment for driving under drinking), and a summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act, and the punishment provided for a violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1.Article 37 of the Criminal Code to treat concurrent crimes, provided that Article 39 Section 1 of the Criminal Code has become final and conclusive.

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