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(영문) 대구지방법원 2016.04.07 2016고단229
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[2] On August 22, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon Franchi, and on April 11, 2009, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon support on June 3, 201. On June 3, 201, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking) and on April 2, 2013, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act (drinking) at the Daegu District Court.

[2] On December 30, 2015, the Defendant, without obtaining a driver’s license around 00:01 on December 30, 2015, driven a B B small-type car at the section of about 500 meters away from the section of 500 meters up to the Daegu Science and Prior Road located in the Daegu Suwon-gu under the influence of alcohol content 0.152%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (a copy of summary order of the same criminal record as the suspect);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act - Reasons for sentencing under Article 55(1)3 of the Act on Reduction of Quantity - The fact that a person reflects an offense: A person who drives under the influence of alcohol at the same time, even though having been sentenced four times to a fine by the same kind of crime; and the fact that the person was under the suspension of execution due to the crime of indecent act committed by force at the time of the instant crime (6 months of imprisonment and two years of suspended execution) was under the suspension of execution (the Defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime; and

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