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(영문) 대구지방법원 영덕지원 2014.12.10 2014고단80
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 22, 2010, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the Young-gu District Court’s Young-gu District Court’s Young-gu Branch on July 22, 2010, a person who had been sentenced to imprisonment for the same crime, eight months in the same court, two years in the suspension of execution, and two years in the same court on December 8, 201, and a person who had been sentenced to imprisonment for a violation of the Road Traffic Act (refluence of measurement) in the same court on October 12, 2011. A person who was released on September 28, 2012 from the astronomical and open prison on November 19, 2012 and the term of imprisonment

Despite the fact that the Defendant had been punished twice due to the violation of the Road Traffic Act (driving) as above, the Defendant driven C Poter truck at a section of about 500 meters from the top of the “Nari-do, Ulsan-gun, U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses (A);

1. A traffic accident report, a traffic accident report (1) - a de facto survey report, a photograph related to the accident (on-site and on-road), and an inquiry into the enemy (C);

1. Records of previous convictions: Criminal records, etc., inquiry reports (A), investigation reports (Attachment to the same type of judgment), five written judgments, and application of Acts and subordinate statutes to investigation reports (at least the number of personal data / confinement);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless 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 concurrences and selective punishment (limited to punishment imposed on a person who violates the Road Traffic Act, heavier than punishment, and choice of imprisonment);

1. Article 35 of the Criminal Act provides that the defendant with the reason for sentencing of repeated crime is excluded from this case.

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