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(영문) 대구지방법원 경주지원 2016.02.18 2015고단210
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 27, 2010, the Defendant issued a summary order of KRW 7 million for a violation of road traffic law (drinking driving), which was issued by the same court on October 5, 2009, a summary order of KRW 2.5 million for the same crime, and a summary order of KRW 1.5 million for the same crime at the same court on October 1, 2008.

On March 15, 2015, at around 20:15, the Defendant driven a vehicle from the front edge of the new reservoir located in the king-ri, Gyeongdong-dong, Chungcheongnam-si, Chungcheongnam-si, Gyeongdong-si to around 20:25 on the same day, the Defendant used a vehicle with approximately 3km alcohol level 0.063% while under the influence of alcohol in blood without obtaining a driver’s license from the section of around 3km in the same day from the front edge of the new reservoir located in the king-dong, Gyeongdong-ri, Gyeongdong-ri to the front direction

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the detection of a suspected suspect of violating the Traffic Act on the road (driving, driving without a license), a report on the detection of a primary driver, a report on the circumstances of a primary driver, and an investigation report;

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, reports on investigation (verification of criminal records of the same kind as the suspect), and application of each of the same Act and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing selective punishment of imprisonment with prison labor lies in the fact that the Defendant had been punished several times due to drinking or non-licensed driving, and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records of the instant case, such as the circumstances after the instant crime, shall be determined as ordered, taking into account the following factors.

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