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(영문) 대구지방법원 2012.09.19 2012고합708
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On November 5, 2004, the Defendant was sentenced to a suspended sentence of two years for the crimes of violation of the Road Traffic Act at the Daegu District Court on August 13, 2004, and the said judgment became final and conclusive on November 13, 200 of the same year. On February 12, 2009, the Defendant issued a summary order of KRW 3,00,000 by the same court on February 12, 200.

2. The said summary order is finalized on January 27, 201 and the same year has been issued by the same court after having been issued a summary order of KRW 5,00,000 due to a crime of violating the Road Traffic Act.

2. The same year after having become final and conclusive on May 2, 2012, and having been issued a summary order of KRW 3,000,000 as a crime of violating the Road Traffic Act by the same court on May 22, 2012.

6. 14. The summary order became final and conclusive.

On June 8, 2012, the Defendant, without obtaining a driver’s license at around 22:30 on June 22, 2012, driven the Crocketing car from around 5km to the front road of the Korean Power, which is located in the Gancheon-si, in the form of 0.176% of alcohol concentration in the blood.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspect in violation of the Road Traffic Act (driving, driving without a license), report on detection of a driver of the driving, and report on the circumstantial statement of a driver of the driving;

1. Police investigation report (main drivers and circumstantial reports without licenses);

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and inquiries, such as criminal records, and criminal investigation reports (a copy of judgment, etc. attached) by the prosecution;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, is driving under the influence of alcohol as stated in the first head of the judgment.

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