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(영문) 대구지방법원 2012.10.09 2012고합867
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 21, 2008, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Seo-gu District Court Branch Branch Branch of the Daegu District Court on September 25, 2008, and such summary order became final and conclusive on September 11, 2008. On January 8, 2009, the Defendant issued a summary order of KRW 3,00,000 as the same crime in the same court on January 29, 2009, and the said summary order became final and conclusive on January 29, 2009. On February 17, 2012, the same court sentenced two years of suspended sentence to imprisonment for a violation of the Road Traffic Act, which became final and conclusive on February 25, 2012, and was under suspension of execution, without a driver’s license on June 22, 2012, at least 0% of alcohol in the south Daegu City of 1,004m alcohol in the south City.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the crackdown on drinking driving, reports on the detection of drinking drivers, and reports on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Inquiries about criminal records, etc., public prosecutor's investigation reports, copies of each summary order, and application of statutes governing certified copies of judgment;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had been already punished several times prior to the crime of this case, due to the violation of the Road Traffic Act concerning drunk driving and unlicensed driving. In particular, the defendant was sentenced to a suspended sentence for six months as of February 17, 2012, as stated in the first head of the judgment.

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