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(영문) 대구지방법원 경주지원 2014.05.14 2014고단18
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court and the racing support, etc. on January 13, 2009. On January 13, 2009, the Defendant received a summary order of KRW 2.5 million due to the same crime, etc. in the same court, and issued a summary order of KRW 3 million due to the same crime in the same court on January 6, 2011. On July 8, 2013, the Defendant received a summary order of KRW 5 million as a fine for the same crime.

On December 16, 2013, around 20:31, the Defendant driven a D Eccoo motor vehicle without obtaining a driver's license in the state of alcohol concentration of approximately 0.186% in the section of about 25 km from the south-gu Terminal to the front road of the Cheongsung-dong, Young-dong, Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Criminal land, report on detection of a person who violates the Road Traffic Act, notification of the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, vehicle driving certificate, vehicle driving certificate, vehicle inquiry, reflective statement, and written applications;

1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report, an investigation report (report on suspect's drinking alcohol and records of unlicensed driving), and application of each summary order-related Act and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The Defendant was punished seven times for drunk driving only after 2000, among which the Defendant was punished for discretionary driving under the influence of alcohol. In 2011, the Defendant had a record of being punished for a non-exclusive driving under the influence of alcohol, and in 2011, the Defendant caused a traffic accident by a non-exclusive driving under the influence of alcohol in the pertinent case.

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