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(영문) 대구지방법원 의성지원 2017.02.02 2016고단261
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 21, 2009, the Defendant was notified of a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) in the gender support of the Daegu District Court on September 21, 2009, and on November 3, 2016, the above court was sentenced to a suspended sentence of one year for a crime of violating the Road Traffic Act (drinking driving) and was sentenced to a suspended sentence of two years on November 3, 2016, and the judgment became final and conclusive on November 11, 2016, and

On November 13, 2016, at around 14:50, the Defendant driven a CCoon car at approximately 2km section from the front side of the Cheongong-gun, Cheongbuk-gun to the front side of the riju-gun, Gyeongbuk-gun, Gyeongbuk-gun, without a driver's license, while under the influence of alcohol of 0.092% of alcohol during blood.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle without a driver's license in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Records of the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of criminal records of the same kind) statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. It is inevitable to sentence the Defendant’s sentence on the ground that the Defendant committed the instant crime more than 10 days after the Defendant was sentenced to a suspended sentence for the same kind of crime under Articles 53 and 55(1)3 of the Criminal Act, and in particular, the Defendant committed the instant crime again at least 10 days after having been sentenced to a suspended sentence for the same crime.

However, if the judgment of this case becomes final and conclusive, the defendant recognizes his mistake and reflects it.

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