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(영문) 대구지방법원 김천지원 2015.10.07 2015고단873
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On January 10, 201, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act (driving) in the resident support of the Daegu District Court on January 10, 201, the same court on October 8, 2012, and the fine of four million won for the same crime on May 27, 2014 in the same court on May 27, 2014, and was sentenced to a suspended sentence of two years for the same crime in the Daegu District Court on December 18, 2014, and completed the execution of the sentence on February 21, 2015.

On June 1, 2015, the Defendant driven CK5 vehicle under the influence of alcohol by 0.142% without obtaining a driver’s license in the 3km section from the front of the Kimcheon-dong, Kimcheon-si to the front of the e-day maintenance plant in the same Si-dong at the same time, even though he had a history of drinking twice or more as above, at around 00:20, Jun. 1, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. Registers of driver's licenses, disqualified meetings of the main office, and details of revocation of driver's licenses;

1. Previous records of judgment: A statement of criminal records, investigation report [including a summary order and judgment attached thereto] / Application of Acts and subordinate statutes to criminal records, etc. (including the attached data on the current status of custody), investigation report (including the attached data on the current status of custody);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) recognizes all of the instant crimes and reflects the fact, and driving under the influence of alcohol again.

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