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(영문) 대구지방법원 안동지원 2012.10.05 2012고합133
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 23, 2008, the Defendant appears to have written error on January 9, 2012, as stated in the indictment on March 8, 2012, for the crime of violating the Road Traffic Act (driving) in the Daegu District Court Branch of the Daegu District Court on October 23, 2008.

In the same support, each summary order of a fine of three million won is issued for the same crime, and on May 25, 2012, in the same support, two years of suspension of execution was sentenced to imprisonment for a violation of the Road Traffic Act (driving), etc., and on June 2, 2012, the above judgment became final and conclusive on June 2, 2012, and is currently under suspension of execution.

On July 29, 2012, the Defendant, as a person who violated the provision on the prohibition of drunk driving twice or more times, was driving the B-wing truck at the section of about 2 km from the front of the Gohap Culture and Arts Center, which was located in Gohap-Eup, Gyeongcheon-do, Gyeongcheon-do, without obtaining a driver’s license on July 29, 2012, while under the influence of alcohol by 0.10%, while under the influence of alcohol in the blood alcohol concentration of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a circumstantial report on a host driver, and an investigation report (a circumstantial report on a host driver);

1. Registers of automatic driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment and a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is a dangerous act that may cause a fatal damage to the life and property of not only the person himself/herself but also another person. The current Road Traffic Act prevents the drunk driving that threatens the safety of road traffic and helps the awareness of it.

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