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(영문) 대구지방법원 김천지원 2016.05.04 2015고단1573
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court on November 7, 2014. On November 26, 2014, the Defendant was sentenced to a suspended sentence of KRW 5 million for the same crime on August 26, 2014, and the said judgment became final and conclusive on December 4, 2014.

On November 5, 2015, at the parking lot of Kimcheon-dong, Kimcheon-dong, Kimcheon-si, the Defendant driven a motor vehicle with low alcohol content of 0.128% alcohol while under the influence of alcohol, without obtaining a driver's license, from around 2km to the front road of the import straight board located in the same city of peace from the parking lot of Kimcheon-dong to the same city of peace.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant shall be sentenced to imprisonment with prison labor, considering the following factors:

However, the sentence shall be determined as ordered in consideration of the fact that the error is against the defendant, and all other conditions of sentencing, such as the age, sex, environment, etc. of the defendant.

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