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(영문) 대구지방법원 김천지원 2017.11.07 2016고단238
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 30, 2016, at around 21:30, the Defendant driven a B string-water car with alcohol content of about 0.075% while under the influence of alcohol without obtaining a driver’s license from the front side of the training site for the reserve forces located in the Kimcheon-si, Kimcheon-si to the front road of the westho Building located in Kimcheon-si, Kimcheon-si.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. The defendant has a history of criminal punishment for drinking or driving without a license throughout several times, on the grounds of sentencing of selective sentence of imprisonment.

The Defendant repeatedly prevents the same kind of crime even though he did not have acquired a driver’s license once.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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