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(영문) 대구지방법원 서부지원 2014.08.21 2014고단638
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Seogu District Court’s branch branch on January 11, 201, a fine of two million won for the same crime, etc. at the Daegu District Court on August 11, 2010, and a fine of three million won for the same crime, etc. at the Seogu District Court’s branch on November 11, 2010, respectively. On April 30, 2013, the Defendant was sentenced to imprisonment of eight months for a violation of the Road Traffic Act and two years for suspension of execution and is currently under suspension of execution.

Despite the fact that the Defendant had been punished twice or more for violating the Road Traffic Act as such, at around March 27, 2014, at around 07:55, the Defendant driven a approximately KRW 80 meters amount using B car volume on the front of 16 Dog-ro 33-gil, Seogu Seo-gu, Seo-gu, 16, while under the influence of alcohol with a blood alcohol concentration of 0.162% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Previous records: Application of criminal records, etc. and Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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