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(영문) 대구지방법원 안동지원 2015.04.07 2014고단1069
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In the Daegu District Court on January 29, 2009, the Defendant was sentenced to a fine of three million won for the violation of the Road Traffic Act (driving), etc. in the Daegu District Court on March 21, 2012, and a fine of three million won for the violation of the Road Traffic Act (driving) in the same court on March 21, 2012, and on January 22, 2014, the same court was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence on January 30, 2014, and the said judgment became final and conclusive on January 30, 2014, and is currently

On September 12:25, 2014, the Defendant driven a Dgallon-based truck without obtaining a driver’s license, while under the influence of alcohol from about 1km to about 0.156% of alcohol level from the 1km section of the Defendant’s house located in the Ansan-si, Ansan-dong to the front side of the house of the Defendant located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (applicable before the same type of criminal records and the suspension of execution period);

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. Although the Defendant had been sentenced to two times of fine and one time of suspended sentence due to drunk driving, the Defendant again committed the instant crime of drunk driving during the period of the said suspended sentence, even though he was sentenced to two times of fine and one time of suspended sentence under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances among the reasons for the following sentencing).

In light of the fact that blood alcohol concentration is set as well as a non-licenseed condition, while driving, the sentence of sentence is inevitable in light of the fact that the traffic accident occurred while driving.

However, the defendant is in the same kind.

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