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(영문) 대구지방법원 김천지원 2012.07.13 2012고합91
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

In the Daegu District Court on February 2, 2007, the Defendant was sentenced to a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court on February 11, 2009, and on February 11, 2009, the Defendant was sentenced to a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving). On June 9, 2010, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on June 9, 201.

At around 01:50 on May 8, 2012, the Defendant driven C rocketing car under the influence of alcohol content of about 500 meters from the front of the restaurant in the Gumi-si in the Gumi-si from the front of the restaurant in the Gumi-si, to the half-in distance in the Gumi-si, Gumi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of a driver, report on detection of a driver, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on results of attachment of the same kind of judgment) Acts and subordinate statutes;

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

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 current Road Traffic Act provides that a person who has violated the prohibition of drunk driving twice or more shall be punished more strictly in the event that he/she drives under the influence of alcohol again for the purpose of preventing the driving under the influence of alcohol that threatens the safety of road traffic and ensuring the awareness of such violation. The defendant, on June 9, 2010, was sentenced 2 years of suspended sentence for 8 months of imprisonment due to the crime of violation of the Road Traffic Act (driving) in this Court, even though he/she was sentenced 2 years of suspended sentence.

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