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(영문) 대구지방법원 2013.04.25 2013고단1492
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 29, 2012, at around 22:45, the Defendant driven the B Skiex Cargo at approximately 300 meters of blood alcohol concentration without a vehicle driver’s license on a road from the back of the Jinyang-Eup cafeteria located in the Jinyang-si cafeteria to the front of the said Suyang-Eup cafeteria apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement and circumstantial statement of an employer-provided driver;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of Article 148-2 (2) 2, 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. In full view of the following facts: (a) the Defendant was sentenced to a total of four times of a fine and three times of a suspended sentence due to drunk driving or unlicensed driving; (b) the Defendant committed the instant crime without being aware of the fact that he was sentenced to criminal punishment for a period of eight months of imprisonment due to drunk driving, unlicensed driving, or three years of a suspended sentence in 2010; and (c) the Defendant committed the instant crime without being aware of it during the suspended sentence period; and (d) the Defendant’s blood alcohol concentration at the time of the instant case was considerably high, the sentence of a sentence is inevitable as it is difficult to recognize the Defendant

However, in consideration of the fact that the distance of the defendant's driving is relatively short, the defendant reflects his/her mistake, the defendant's age, character and conduct, family relationship, means and results, and other various sentencing factors in the trial process of this case, the defendant is sentenced to the same punishment as the order of the defendant.

It is so decided as per Disposition for the above reasons.

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