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(영문) 대구지방법원 포항지원 2012.12.17 2012고합189
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 12, 2010, the Defendant was sentenced to four months in imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Port of the Daegu District Court. On December 11, 2010, the Defendant completed the execution of the said sentence.

In addition, on November 20, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at an Ansan District Court's Ansan Branch on November 20, 2008, and was sentenced to a summary order of five million won of a fine for a violation of the Road Traffic Act (driving) at a port branch of the Daegu District Court on August 16, 2012, and was in violation of Article 44 (1) of the Road Traffic Act at least twice.

【Criminal Facts】

On August 26, 2012, the Defendant, without obtaining a driver's license at around 17:40 on August 26, 2012, driven a car from the road located in the middle city in the middle city of 0.223% of blood alcohol level, to the large intersection located in the opposite angle in the south-gu west-gu west-gu west-gu west-gu at the port.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., references to criminal records, amounts of dispositions, reporting on results of confirmation, investigation reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) for criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (the point of without a license for driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a person who has more severe punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 35 of the Criminal Act is that the blood alcohol concentration of the instant crime as 0.223% is high, and there are many criminal records of the same kind with the same penal power. Among them, the criminal records of one suspended sentence and two suspended sentence are included, and in particular, the criminal records of 0.178% of the blood alcohol concentration on June 30, 2012, immediately before the instant crime, are included.

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