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(영문) 대구지방법원 상주지원 2017.05.16 2017고단58
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic law at the Daegu District Court on March 29, 2007, and was sentenced to a fine of KRW 3 million for the same crime in the Daegu District Court Kimcheon on December 26, 2013, and was sentenced to a fine of KRW 3 million for the same crime in the Daegu District Court Kimcheon on June 14, 2016, and was sentenced to a suspension of the execution on June 20, 2016 for the same crime at the resident support of the Daegu District Court on June 14, 2016, and the judgment became final and conclusive on June 20,

[2] On November 11, 2016, the Defendant driven a D low-lopped car with a alcohol content of 0.122% while under the influence of alcohol without a vehicle driver’s license from around 800 meters to around the same Samsung Fel.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Registers of driver's licenses, chassiss, and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the degree of such convictions and convictions), and copies of the judgment, to the Acts and subordinate statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) of the Act on the Mitigation of Small Quantity is that the Defendant was sentenced to a suspended sentence of imprisonment for a crime of violating the Road Traffic Act, and again committed a crime of drinking during the suspended sentence.

The sentence on the accused is inevitable.

However, the defendant recognized the crime of this case and sold cars after this case.

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