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(영문) 대구지방법원 2014.11.13 2014고단4169
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was sentenced to a suspended sentence of 6 months for the crimes of violation of the Road Traffic Act at the Daegu District Court on the 13th of the same month, and the judgment became final and conclusive on the 13th of the same month, and was issued a summary order of 2 million won for the crimes of violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on December 2, 2010. On January 15, 2013, the Defendant was issued a summary order of 1.5 million won for the crimes of violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on the 15th of the Daegu District Court on January 2013.

On August 5, 2014, the Defendant, while under the influence of alcohol of 0.130% without obtaining a driver’s license for a motor vehicle, driven CM5 motor vehicle at the section of about 1km from the front of the movable distance in the Daegu-gu movable property zone to the front of the restaurant of the “marigal” in the same Gu and Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, and investigation reports (Attachment of judgment of suspension of execution of sentence, and attachment of the same type of summary ruling) and statutes;

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

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 Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, while under the period of probation due to drunk driving and driving without a license, once again drives under the influence of alcohol or driving without a license; and (b) the Defendant, who does not seem to have been able to

However, if the judgment of this case is finalized, the sentence of the previous suspended execution should be invalidated and the defendant should serve in prison until the suspended sentence, and the age of the defendant.

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