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(영문) 대구지방법원 경주지원 2016.06.29 2016고단48
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On April 9, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court and racing support, the summary order of KRW 1 million for a crime of violating the Road Traffic Act on November 14, 2007, the same court issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act on March 3, 2008, and the same court issued a summary order of KRW 4.5 million for a crime of violating the Road Traffic Act on April 12, 201, respectively. On June 20, 2011, the Defendant was sentenced to a suspended sentence of KRW 2 million for a crime of violating the Road Traffic Act (non-licensed driving) and sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act on September 17, 2013 to a suspended sentence of KRW 200,000 for a violation of the Road Traffic Act on February 16, 2013.

On November 18, 2015, the Defendant, at around 22:20, driven a gallon in the state of alcohol concentration of about 0.142% while under the influence of gallon, without obtaining a driver’s license, from approximately 10km section from the 10k section from the gallon's galkin's house to the gallon's seat near the same Eup. g., the Defendant driven a gallon in the state of under the influence of alcohol concentration of 0.142%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on actual condition, on-site photographs, report on the circumstances of the driver of a driving school, notification of the results of regulating drinking, and the ledger of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of drinking and non-licensed driving power), and statutes;

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 defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following reasons for sentencing") are as follows.

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