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(영문) 대구지방법원 김천지원 2014.02.05 2013고단1758
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 16, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s branch branch on March 16, 2010; on November 14, 2012, the Daegu District Court issued a summary order of 5 million won for each of the crimes of violation of the Road Traffic Act (recing to take measurements of drinking), and on June 13, 2013, the Defendant was sentenced to imprisonment of 6 months for a violation of the Road Traffic Act (recing to drive) at the Daegu District Court’s Daegu District Court’s Kimcheon-do branch on June 13, 2013 and is currently under probation

On November 29, 2013, at least 00:50, the Defendant, who had driven two or more drinking cars, driven D Ado-purd-pured car without a driver’s license, while under the influence of alcohol level of 0.141%, on the road near the apartment building located in the national affairs of the Sincheon-si Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (reports on attachment of criminal records of the same kind of suspect);

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;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant is subject to criminal punishment once due to drunk driving, unlicensed driving, etc., as stated in its reasoning, and in particular, it is inevitable to sentence sentence in light of the fact that the defendant committed the instant crime during the period of probation, and that the amount of alcohol

However, if the judgment of this case becomes final and conclusive during the period of suspension of execution, the sentence shall be determined as ordered in consideration of the violation, the invalidation of the suspension of execution, etc.

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