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(영문) 대구지방법원 안동지원 2015.05.26 2015고단157
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On February 17, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan-dong branch on February 17, 201, and a fine of KRW 6 million for a violation of the Road Traffic Act (driving) in the same court on August 8, 2013, and was sentenced to a total of four criminal records for a violation of the Road Traffic Act (driving).

On February 4, 2015, when the Defendant had had had a history of driving two or more times, the Defendant driven a vehicle B levibly under the influence of alcohol content of 0.113% without obtaining a driver’s license from the Switzerland, which was in the original city of permanent residence, from about 1km in the same city of non-permanent residence to the front day of the string, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written statement prepared by C;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (applicable to the same type of criminal records and attachment of the same Act);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order causes traffic accidents while driving under drinking, and has already been punished several times due to drinking driving.

However, the defendant does not have any punishment exceeding a fine due to drinking driving, and shows a attitude to reflect his fault.

The above circumstances, the time and the distance of driving, etc. revealed in the pleading, and the defendant.

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