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(영문) 대구지방법원 2016.10.13 2016고단3480
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On September 20, 2007, the Defendant was sentenced to a summary order of KRW 500,000 to a fine of KRW 500,000 due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 11, 2013, and was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on September 11, 201, and on January 15, 2015, the Defendant violated the provisions of the prohibition of driving under the influence of alcohol on at least two occasions by being sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 4, 2016, at around 23:50, the Defendant driven a DSS5 car without obtaining a driver’s license from a section of about 26 km from the Defendant’s residence in Busan City to the original intersection in the original city. Of them, the Defendant driven the said car under the influence of alcohol level of about 500 meters from a section of about 500 meters to the original intersection in the original city in the original city in the original city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of drinking control, and the register of driver's licenses;

1. Division: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (verification of the same criminal records as the suspect);

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, among others, the following circumstances: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime; and (b) the sentence as ordered.

The defendant has been punished several times for the same crime.

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