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(영문) 대구지방법원 영덕지원 2016.02.03 2016고단1
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 14, 2002, the Defendant issued a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving), on April 2, 2008, a summary order of KRW 1 million for the same crime from the Yeongdeungpo Branch of the Daegu District Court on April 2, 2008, a summary order of KRW 4 million for the same crime from the same support on August 19, 2010, and a summary order of KRW 8 million for the same crime from the same support on January 21, 2015.

On October 23, 2015, the Defendant driven a motor vehicle with approximately 500 meters section from D’s house located in Northern-gu, 08:20, to the front of the postal restaurant located in the 39th Myeon-ro, Myeon-based, the Defendant used a motor vehicle with approximately 500 meters alcohol concentration in blood while under the influence of alcohol of 0.24%, without obtaining a motor vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Investigation report (cases accompanied by an inquiry report as a result of crackdown on driving under drinking), inquiry report, criminal history, etc. (A), application of investigation report (former and summary order attachment) Acts and subordinate statutes;

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

1. In full view of the following, the defendant's reasons for sentencing under Articles 40 and 50 of the Criminal Act (the punishment imposed on the crime of violating the Road Traffic Act with heavy punishment, but the choice of imprisonment) are the records of being punished on several occasions prior to the instant case, the defendant again drives the instant drinking after the lapse of 10 months after the last punishment due to driving of drinking, and the fact that the alcohol content in blood at the time of driving of the instant drinking is very high to 0.24%, and thus, the defendant's illegality is deemed to be very significant. Thus, the defendant's punishment shall be imposed on the defendant.

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