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(영문) 대구지방법원 김천지원 2015.11.06 2013고단913
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 29, 2006, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch, and a summary order of five million won or more due to the same crime in the same court on July 24, 2009, respectively. On May 16, 2013, the Defendant was sentenced to imprisonment of eight months or two years of suspension of execution.

On July 3, 2013, the Defendant, who had driven two or more times, once again, driven a D-hurged car with a blood alcohol concentration of 0.143% while under the influence of alcohol without a driver’s license, on the roads of C-hurging station located in Gumi-si B on July 3, 2013.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Details of reports on the situation of driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driving on the driver’s license;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (attached to the same criminal records);

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. As stated in its reasoning, considering the fact that there are many same kinds of records in the grounds for sentencing selective punishment of imprisonment, the suspended sentence due to driving without a license in 2011, and the first instance court’s sentence with a vehicle that was committed during driving without a license in the insurance without a license in the same year, and the appellate court did not repeat the crime at the appellate court, the above suspended sentence was committed again as stated in its reasoning, and the above suspended sentence was committed again as stated in its reasoning, and the fact that the above suspended sentence did not comply with summons to the Do; however, at the time of the crime, the behavior and walking conditions were good at the time of the crime, and there was no accident that occurred during the crime, and the health condition, such as an abstract cancer, etc.

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