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(영문) 대구지방법원 서부지원 2015.07.24 2015고단932
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 2, 2010, the Defendant was notified of a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Suwon District Court on April 2, 2010. On October 8, 2010, the Defendant was notified of a summary order of KRW 2,50,000 as a fine for the same crime from the Suwon District Court Seogwon District Court on the same day. On January 22, 2015, the Defendant was sentenced to a suspension of the execution for six months for the same crime, and the said judgment became final and conclusive on January 30, 2015, and is still under the suspension of the execution, and is punished for drinking driving seven times including this.

On June 1, 2015, at around 00:25, the Defendant driven a car in C column with approximately 50 meters alcohol concentration 0.181% under the influence of alcohol without a car driver’s license, from the front of the mutual influence store in the Dacheon-si, Chungcheongnam-si, Chungcheongnam-do to the front day of the Cheongdo-do in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (verification of the same criminal records, etc.), such as criminal records, etc.;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence shall be sentenced in light of the following: (a) the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (b) the defendant has a record of being punished several times for the same crime; (c) the defendant has not been sentenced to a suspended sentence for the same crime; (d) the defendant has not been sentenced to a suspended sentence for the same crime; and (e) the defendant has committed a non-license and a crime of drinking alcohol again for five months; and (e) the fact that the defendant has a high drinking level; (c) the confession and reflects; (d) if

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