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(영문) 대구지방법원 경주지원 2015.11.11 2015고단845
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 4, 2015, the Defendant was sentenced to 6 months of imprisonment for a violation of the Road Traffic Act (driving) or 2 years of suspended execution on the 12th of the same month in Daegu District Court racing support, and the said judgment became final and conclusive on April 15, 2015. On the 23th of the same month, the said judgment became final and conclusive on the 20th of the same month by being sentenced to 1 year of imprisonment for a violation of the Road Traffic Act (driving without a license) or 3 years of suspended execution, and on July 18, 2014, the same court issued a summary order of 5 million won of fine due to a violation of the Road Traffic Act (driving without a license).

On August 2, 2015, the Defendant: (a) around 21:20 on August 2, 2015, the Defendant: (b) operated CNEW franchise with approximately 1km 0.142% alcohol concentration, without a car driver’s license, while under the influence of alcohol in front of the same Eup/Myeon located in the same Eup/Myeon located in the Do-dong Coast Guard.

Therefore, even though the Defendant had a record of being punished by driving a motor vehicle under the influence of alcohol not less than twice, the Defendant once again driven a motor vehicle while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. A report on detection of a person suspected of violating the Road Traffic Act (e.g., drinking or unlicensed driving), a report on the circumstances of the driver, a report on detection, a driver's license register, an inquiry into the results of the control of drunk driving, a certificate of each disabled person, a statement of opinion, and a

1. Previous records: Criminal records and other inquiries, investigation reports (verification during the period of attachment of the same kind of force and suspension of execution), investigation reports (Attachment of the same kind of force judgment) and the application of statutes;

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

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

1. The crime of selective imprisonment with prison labor;

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