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(영문) 대구지방법원 경주지원 2015.01.06 2013고단606
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On September 17, 2010, the Defendant issued a summary order of one million won of a fine at the Ulsan District Court for a violation of the Road Traffic Act, and on November 29, 2010, the Defendant was sentenced to six months of imprisonment by the same court for the same crime, etc. and completed the execution of the sentence at the Ulsan Detention House on May 28, 201.

【Criminal Facts of Crimes】 On January 15, 2013, at around 21:40, the Defendant driven a B rocketing car under the influence of alcohol content of 0.108% under the influence of alcohol without obtaining a driver’s license from the 2km section to the roads in front of the “steel maintenance” in the Yela-dong, Pela-dong.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Records before and after judgment: Inquiry letter, 2010 highestest 2750 of the Ulsan District Court Act, and application of summary order Acts and subordinate statutes of the Ulsan District Act, 2010 highest 114 of the Ulsan District Act;

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. Article 35 of the Criminal Act among repeated crimes;

1. Consideration, such as the fact that the instant crime was committed during the period of repeated crime for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation and the fact that the person was not present on the trial date due to his unknown whereabouts

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