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(영문) 대전지방법원 천안지원 2015.11.27 2015고단1909
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 June 19, 2013, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and on June 12, 2014, in the Daegu District Court Kimcheon Branch, the Defendant was sentenced to six months of imprisonment for a crime of violation of the Road Traffic Act, etc. on August 22, 2014 during the grace period, and the said sentence became final and conclusive on August 22, 2014, the sentence of the suspended sentence became void. In the Daegu District Court, the Defendant was released on March 30, 2015 during the execution of each of the above sentence, and was released on April 21, 2015 and was released on March 30, 2015 and thereafter on April 21, 2015.

【Criminal Facts】

Although the Defendant had been punished twice or more due to drunk driving, on September 4, 2015, at around 23:55, the Defendant driven CK7 vehicles without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.140% from around the cafeteria 9900, which was located in the West-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the road in front of the BMW safety market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of actions taken by the driver as a driver, report on the status of the driver as a driver, and report on the crackdown on the violation of the Road Traffic Act;

1. Entry in the register of driver's licenses;

1. Images of photographs;

1. A previous conviction: An inquiry report, a report on the results of confirmation of the previous disposition, a report on investigation (Attachment to a written judgment), and application of Acts and subordinate statutes to the current status of personal identification;

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 provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation (hereinafter referred to as "a favorable circumstance for sentencing") has been sentenced to a fine of two times due to drunk driving, and drinking and drinking.

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