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(영문) 대구지방법원 김천지원 2016.04.20 2015고단1605
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 30, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (drinking driving), and on October 30, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act. On March 19, 2009, the same court was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (drinking driving) and was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (drinking driving) in the same court on January 6, 2010. On April 28, 2010, the sentence of the suspended sentence was invalidated due to a final judgment on April 28, 2010. On November 7, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) in the Daegu High Court on March 24, 2014.

On November 9, 2015, the Defendant driven a motor vehicle B Pool B while under the influence of alcohol content of about 0.133% without obtaining a driver’s license from a section of about 100 meters in the direction from the Ji-Do-si Do-si, Seoul Metropolitan City to the new road in the same Dong from the front of the spring in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is that the Defendant had no record of being punished for the same kind of crime, and in particular, the Defendant was under the influence of drinking again while under the influence of alcohol concentration of 0.13% during the period of repeated crime due to the same kind of crime, and there is no awareness that the Defendant would comply with the law.

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