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(영문) 대구지방법원 김천지원 2014.12.10 2014고단1194
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was sentenced to 10 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., by the Daegu High Court, and the execution of the sentence was terminated on February 2, 2014.

The Defendant is a person who has violated the prohibition on driving a motor vehicle under the influence of alcohol on October 15, 2009 by driving a motor vehicle under the influence of alcohol 0.179% on April 26, 2010 and under the influence of alcohol 0.224% on April 26, 2010.

On August 10, 2014, at least 18:30 on August 10, 2014, the Defendant driven B1 ton cargo vehicles under the influence of alcohol with a blood alcohol level of at least 0.10%, without a motor vehicle driver’s license, on the road of approximately 500 meters at a distance of 500 meters from before the construction site of the e-tax-free apartment located in the same Dong, where it is impossible to identify the trade name in the e-tax-free f

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as a copy of written judgments, investigation reports, copies of written judgments and current status of personal confinement and confinement;

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. 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 Articles 53 and 55(1)3 of the Criminal Act include a large number of criminal offenses for the same kind of crime, the criminal defendant was sentenced to punishment, and drinking and driving without a license during the period of repeated crime, and caused an accident involving fences at the new construction site during driving.

In this respect, the defendant is bound to be punished for severe punishment.

Provided, That the sentence shall be determined as ordered in consideration of the favorable circumstances in which the defendant's age, character, conduct, environment, etc. is considered, and the defendant's age, character, and environment is considered.

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