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(영문) 대구지방법원 김천지원 2012.12.07 2012고합274
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 17, 2012, the Defendant was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act, and 2 years of suspended execution, which became final and conclusive on May 25, 2012, and at the same court on July 11, 2008, was sentenced to 10 months of imprisonment with prison labor for a violation of the Road Traffic Act, and was sentenced to 7 times of imprisonment with prison labor for the same kind of crime.

At around 02:00 on June 10, 2012, the Defendant driven CT125XK under the influence of alcohol with a blood alcohol concentration of 0.173% without obtaining a motorcycle license for a motor bicycle in front of the shooting distance in the alley-gu, Young-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Certificates of blood alcohol alcohol, reports on detection of drinking drivers, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes, such as inquiries into criminal records, etc., a copy of the inquiry report of criminal records, etc., the Sungwon District Court's Sung-nam branch, 2012

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant has suffered at least three weeks of injury due to a traffic accident at the time of the crime at the time of the crime, and that the defendant reflects in depth the mistake);

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