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(영문) 대구지방법원 2014.08.21 2014고단3627
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant issued a summary order of KRW 5 million for a fine of KRW 200,000 for a violation of the Road Traffic Act (free license) at the Daegu District Court on December 13, 201, a fine of KRW 4 million for a violation of the Road Traffic Act (free license) at the Daegu District Court on April 11, 201, and a fine of KRW 5 million for a violation of the Road Traffic Act (free license) at the Daegu District Court on April 11, 2013, respectively, and on February 6, 2014, at the Daegu District Court on February 6, 201, for a violation of the Road Traffic Act (free license) and for a violation of the Road Traffic Act (free license) at the Daegu District Court on February 14, 2014, which became final and conclusive on February 14, 2014.

On June 22, 2014, the Defendant, without obtaining a driver’s license at around 08:30 on June 22, 2014, driven D-car from the front day of a restaurant in the mutual unclaimed 4-dong, Daegu-gu, Daegu-gu to the front day of the same North Gyeongdo, in the condition of alcohol concentration of 0.198%.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the results of the control of drinking driving, and the status of drinking drivers;

1. A license inquiry;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (related to the same kind of power), and application of Acts and subordinate statutes of the judgment;

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 several times for the same kind of crime, and the Defendant committed the instant crime again within a period of suspension of execution even though he/she was sentenced to two years of suspension of execution on February 6, 2014 due to a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Road Traffic Act (Free Driver’s License) and was sentenced to two years of suspension of execution, and the judgment became final and conclusive, and the Defendant committed the instant crime again within a period of suspension of execution. In full view of the fact that the blood alcohol concentration was very high at the time of committing the crime, the liability

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