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(영문) 대구지방법원 영덕지원 2016.02.17 2016고단2
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 23, 2009, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and on December 24, 2014, the Defendant received a summary order of a fine of three million won for the same crime from the Port Branch of the Daegu District Court on December 24, 2014, and on May 15, 2014, the Defendant was sentenced to imprisonment of ten months with prison labor for an injury, etc. at the Busan District Court on May 20, 2014 and completed the execution of the sentence at the Busan District Court on May 15, 2014.

Although the Defendant had been punished twice or more due to drinking driving, the Defendant once again driven C-wing vehicle under the influence of alcohol content of about 70 km from September 19, 2015 to the white distance of about 195, Seo-gu, Busan, Seo-gu, 195-ro 4 (Secho-dong), from the 195-ro, Seo-gu, Seo-gu, Gyeongcheon-si, Gyeongcheon-si, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driving, report on the results of regulating drinking driving, notification on the results of regulating drinking driving, inquiry into the results of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Inquiries into the details of management of the master report, investigation reports (where an inquiry is attached to a report on the results of crackdown on drinking driving), inquiry reports, criminal history, etc. (A), investigation reports (recognating the previous convictions), investigation reports (regnating the previous history), investigation reports (regnating the criminal suspect A's period of punishment), and application of statutes to

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. Concurrent concurrence and selective punishment prescribed in Articles 40 and 50 of the Criminal Act (the punishment shall be punished by a punishment heavier than that provided for in a crime of violating the Transport Act concerning roads with heavy punishment, and the choice of imprisonment shall be imposed);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crime is that the defendant has driven drinking twice during the period of repeated crime, and even if he has been punished by a fine for one of them, he/she has again driven drinking.

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