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(영문) 대구지방법원 경주지원 2016.06.15 2016고단362
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 30, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court racing support on July 30, 2008. On May 15, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on May 15, 2009. On February 4, 2010, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court racing support, and on August 12, 2014, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on June 20, 2014 and the said judgment became final and conclusive on August 20, 2014.

On November 6, 2015, at around 23:45, the Defendant driven C rocketing car with approximately 200 meters alcohol content 0.214% while under the influence of alcohol without a vehicle driver’s license from the front side of the entrance room in the off-dong Eup room in the out-dong Eup room in the front side of the entrance room in the out-dong Eup of the relevant day to the front side of the entrance room in the out-dong Eup of the relevant day.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on a traffic accident, on-site photo, statement report on the circumstances of a driver taking driving, notification of the results of crackdown on drinking driving, and the ledger of driver's licenses;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the period of stay of execution of a suspect), and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);

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. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the grounds for sentencing) are against the defendant, and the defendant is aged and is not good.

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