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(영문) 대구지방법원 경주지원 2015.03.26 2015고단2
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 23, 2014, the Defendant was issued a summary order of a fine of KRW 6 million for a violation of the Road Traffic Act in Daegu District Court and racing support on January 23, 201, and on August 12, 2014, the same court was sentenced to imprisonment for the same crime, for 8 months and for 2 years of suspended execution on August 12, 2014, and the said judgment became final and conclusive on August 20 of the same month and is currently subject to punishment for

On October 23, 2014, at around 20:35, the Defendant driven C Poter freight without a driver’s license, while under the influence of alcohol of about 1 km from the Do in front of the national village in the Do of the Do of the Do of the Gyeong-dong, Sejong-si to the road at the entrance of the Haba-dong, Young-dong.

Accordingly, even though the Defendant had a record of being punished by driving a motor vehicle under the influence of alcohol at least twice, he/she again driven a motor vehicle without a driver's license as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Inquiries and inquiries, and application of Acts and subordinate statutes of investigation reports (in cases of attachment of the same type of judgment, including judgment during the period of suspension of execution

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. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 was punished for the same kind of crime, the defendant committed the crime of this case repeatedly even though he was sentenced to a suspended sentence due to drinking driving or driving without license and was under the suspended sentence, and repeatedly committed the crime of this case, such as the defendant's age, village residents' preference, etc.

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