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(영문) 대구지방법원 의성지원 2016.02.18 2015고단240
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 16, 2006, the Defendant issued a summary order of KRW 3 million for a crime of violating road traffic laws (drinking driving), on November 15, 2010, a fine of KRW 2.5 million for the same offense in the same court on November 15, 2010, and on July 3, 2014, the Defendant was sentenced to a suspended sentence of two years for imprisonment in the same court on July 11, 2014, and the said judgment became final and conclusive on July 11, 2014.

On November 22, 2015, at around 18:50, the Defendant driven D cargo vehicles with alcohol content of 0.274% while under the influence of alcohol without the driver’s license, from around 3km section to the front road of the drilling plant, which is located in Sung-gun, Sung-gun, G, in front of the orchard C, the same side gold suspend.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving, report on the detection of the driver involved in driving, and inquiry of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Articles 55 and 55 (1) 3 of the Criminal Act) for mitigation of quantity;

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