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(영문) 대구지방법원 2014.08.14 2014고단3259
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on August 8, 2007, was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of four million won for a violation of the Road Traffic Act (driving) in the same court on August 14, 2012, and was sentenced to a summary order on December 21, 2012 by the Daegu District Court on December 21, 2012, and was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 29, 2012.

On May 30, 2014, at around 21:30, the Defendant, without obtaining a driver’s license, driven B rocketing car from the front of the luminous hall located in the same way as the luminous town located in Daegu-dong-dong-dong, Daegu-gu, under the influence of alcohol content of 0.139%, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement (A) and the report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (Attachment to the same type of sound and unauthorized driving power judgment) and Acts 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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant was punished by a fine or a suspended sentence on several occasions due to drinking or non-licensed driving, and on December 21, 2012, the Daegu District Court was sentenced to a suspended sentence of two years due to drinking or non-licensed driving, etc. on December 21, 2012, and again committed the instant crime even though he/she was under a suspended sentence of two years due to drinking or non-licensed driving, etc., and the blood alcohol concentration at the time of committing the instant crime was considerably high, it is inevitable to sentence the

However, it is true that the defendant will not commit the crime of this case in a profound manner and not repeat the crime of this case.

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