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(영문) 대구지방법원 경주지원 2015.05.13 2015고단320
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 25, 2011, the Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Daegu District Court and racing support on October 25, 201; on October 15, 2012, a summary order of KRW 7 million for a crime of violation of the Road Traffic Act was issued; on February 4, 2015, the Defendant was sentenced to a summary order of KRW 1 year for a crime of violation of the Road Traffic Act (driving) in the Daegu District Court and racing support; on February 4, 2015, the Defendant was sentenced to imprisonment for one year; and on February 12, 2015, the suspended sentence became final and conclusive.

On March 13, 2015, at around 21:40, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol of about 0.178%, without obtaining a driver's license, at a section of about 50 meters in front of the extreme restaurant located in the Yellow-si, Daejeon-si, and without obtaining a driver's license in front of the same yellow-dong office.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. The circumstantial report on a drinking driver, the notification of the results of the crackdown on drinking driving, the inquiry into the results of crackdown on drinking driving, the ledger of licenses, and the making of the enemy;

1. Previous records: Application of criminal records, etc., inquiry report, investigation report (applicable to the previous records of the same type and the attachment of the summary order), previous records of disposition and results confirmation reporting 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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