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(영문) 대구지방법원 경주지원 2016.04.14 2016고단113
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 18, 2012, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court and racing support on April 18, 2012, and on March 2, 2016, the Defendant was sentenced to a suspended sentence of 8 million won for the same crime, and the Defendant was sentenced to a summary order of 8 million won for the same crime in the same court.

On January 20, 2016, at around 17:50, the Defendant driven a balm car with C ballon with alcohol content of about 0.224% while under the influence of alcohol at around 0.24%, without obtaining a driver’s license, in a section of about 700 meters from the front of the cancer church located in the same Dong to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of an accident, notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, and application of statutes to the driving license ledger;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the sentencing under Articles 53 and 55(1)3 of the Act on the Mitigation of Small Quantity was imposed on April 18, 2012 by the Defendant for a crime of violation of the Road Traffic Act in Daegu District Court and racing support on April 18, 2012, the Defendant was sentenced to a two-year suspended sentence for four months, and the suspended sentence was imposed on October 26, 2015 when the period of suspended sentence was expired, and the Defendant was sentenced to a summary order of KRW 0.186% in blood alcohol content again on March 2, 2016, and was issued a fine of KRW 8 million on March 2, 2016, even though he had the record of being punished five times for the same crime, in view of the fact that the Defendant committed the instant crime of the same kind of crime without completely pening his mistake.

However, the defendant does not drive a motor vehicle again because he or she repents his or her mistake, and does not drive it again.

The health of the defendant is not good.

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