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(영문) 대구지방법원 경주지원 2016.05.26 2016고단227
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On June 13, 201, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act in Daegu District Court racing support, and on September 30, 2013, the Defendant was sentenced to a fine of 2 million won for a crime of violating the Road Traffic Act (non-licenseed driving) in the same court on September 30, 201, and on May 9, 201, the same court was sentenced to a fine of 2 million won for a crime of violating the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (non-licenseed driving) in the same court on November 20, 201, and the said court was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act (non-licenseed driving) and the said judgment becomes final and conclusive on November 28, 2014.

[2] On March 19, 2016, the Defendant driven a C Poter II truck under the influence of alcohol content of about 0.096% in blood without a vehicle driver’s license from the front side of the original restaurant located in the Seocho-gu, Seocho-gu, Chungcheongnam-si to the front side of the 3 Ri Center in the city-Simn-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, the Defendant driven a 1km section of approximately 1km without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Report on detection of a suspected victim of violating the Traffic Act (non-license for a drunk driving or non-license) on the road, notification of the results of regulating the driving of alcohol, report on the situation of the driver of the vehicle and the ledger of driver's licenses

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to previous rulings related to such previous forces);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of small amount is that the defendant is divided in depth into his/her mistake, and he/she does not again drive drinking/non-licensed driving in the future.

There are many things.

The family members of the defendant also expressed their intention to actively help the defendant not to drive drinking again.

However, the defendant on June 201.

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