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(영문) 대구지방법원 김천지원 2015.12.23 2015고단1133
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 16:00 on August 22, 2015, the Defendant driven approximately 100 meters from the Defendant’s house located in Gumi-si C to the front road of the community hall sperm located in Yongsan-si 19, Yongsan-si 100 meters, without a motorcycle driver’s license, in a section of about 100 meters of alcohol level without a license, 0.129% of alcohol level while under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Application of Acts and subordinate statutes to inquiry of driver's licenses, disqualified inquiry of main office, and details of revocation of driver's licenses

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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 reason for sentencing under Articles 53 and 55(1)3 (C) of the Criminal Act for discretionary mitigation is that the Defendant recognized all of the instant crimes and rendered a disposition to the extent that he had operated the instant crime, and again made it impossible to drive a drinking or drive a without obtaining a license. There are circumstances to consider the Defendant, such as the fact that the instant crime did not cause an accident in the course of the instant crime, and that the Defendant is hospitalized in order to solve the drinking problem of the Defendant after the instant crime.

However, at the Daegu District Court on November 5, 2010, the defendant received a summary order of KRW 600,000 from the Daegu District Court on September 13, 2013 to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving). In the resident support of the Daegu District Court on September 13, 2013, a fine of KRW 1.5 million due to a violation of the Road Traffic Act (Unlicensed Driving). On April 4, 2014, the Daegu District Court issued a summary order of KRW 6 million due to a violation of the Road Traffic Act (Refusal of Drinking Measures). On November 6, 2014.

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