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(영문) 대구지방법원 서부지원 2015.06.12 2015고단287
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to a fine of 7.5 million won for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on August 27, 2014, and was sentenced to a fine of 4.5 million won for the same crime in the same court on November 21, 2012, and was sentenced to a fine of 4.5 million won or more for a violation of the Road Traffic Act (driving). On July 14, 2014, the Defendant was sentenced to a suspended sentence of 1 year and 6 months for a violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) in the Western Branch Branch of the Daegu District Court on July 14, 2014, and the sentence was finalized on July 22, 2014,

On March 8, 2015, the Defendant, without a driver’s license around 00:30 on March 8, 2015, driven a 1 kilometer C rocketing car from the Hancheon-gu, Taecheon-dong to the front of the achieved gas station located in the same Gu from the Hancheon-dong, under the influence of alcohol content of 0.160%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Statement under circumstances;

1. Inquiry into the driver's license ledger;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (Attachment to the same criminal records against a suspect);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant has been punished several times for the same kind of crime, including the case, that the defendant had been punished for drinking alcohol significantly at the time of the previous judgment, that the defendant was punished for driving under drinking twice during the trial in which the judgment became final and conclusive, and that the defendant again was punished for driving under drinking twice during the period of suspension of execution, and that the defendant again did not know even though he was sentenced to a fine for the crime of injury during the period of suspension of execution, and that he again again did not reach the crime in this case, and that the possibility of repeating the crime in light of the content of the previous crime,

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