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(영문) 대구지방법원 김천지원 2015.10.07 2015고단745
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On November 15, 2006, the Defendant sentenced ten months to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court, etc. on December 4, 2008, and six months to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch on December 4, 2008, and on December 29, 2010, the Jeju District Court sentenced ten months to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jeju District Court on December 29, 2010, and completed the execution of the sentence on October 22, 2014.

[2015 Highest 745] Although the Defendant had a history of driving under the influence of alcohol more than twice as above, the Defendant driven Cpoter cargo at around 00:30 on March 13, 2015 without obtaining a driver’s license, while under the influence of alcohol content of 0.135%, without obtaining a driver’s license.

[2015Kadan967] On June 23, 2015, the Defendant driven a D Poter freight without obtaining a driver’s license on the road near the 275 km located in the Dong-dong, Seo-gu, Daejeon Metropolitan City.

Summary of Evidence

[2015 Highest 745]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. The register of driver's licenses (2015 Height 967);

1. Defendant's legal statement;

1. Registers of driver's licenses, and reports on the state of driver's licenses without licenses;

1. An inquiry report, such as a criminal history;

1. The application of Acts and subordinate statutes on the current status of expropriation by individuals, among evidence records of cases No. 2015 high-ranking745, investigation reports (attached to written judgments, etc.), judgment, investigation reports (attached to the current status of expropriation by individual),

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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; and

1. It is decided in Articles 40 and 50 of the Criminal Code.

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