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(영문) 대구지방법원 경주지원 2016.06.15 2015고단987
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 29, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on May 6, 2013, the same court received a summary order of KRW 5 million as a fine for the same crime, respectively. On January 6, 2015, the Defendant was sentenced to a fine of KRW 5 million in the same court as the same crime.

In addition, on November 11, 2015, the defendant appealed on the suspension of execution of one year and six months of imprisonment with labor due to a violation of road traffic law in the Daegu District Court and racing support, and is currently pending trial.

On October 21, 2015, the Defendant driven a B-ri vehicle while under the influence of alcohol content of 0.096% without obtaining a driver’s license from the front of the Tong-gu Seoul Metropolitan City, Seoul Metropolitan City, through which it is impossible to know the trade name in the Dong-dong, Seocheon-gu, Daegu Metropolitan City, the Defendant driven a B-ri vehicle in the state of under the influence of alcohol content of 0.096%, without obtaining a driver’s license, from the front of the Dong-gu, through the 2km road in the same Si-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a violation of traffic laws (drinking, driving without a license) on roads, notification of the results of the control of drinking driving, report on the circumstances of the driver at driving, photographs at the scene of detection, and the register of driver'

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to decisions, etc. related to driving under drinking), application of Acts and subordinate statutes to investigation reports (Attachment to decisions, etc. on pending cases);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter the following sentencing grounds) are against the Defendant, and the fact that the instant drinking volume was relatively high is favorable to the Defendant.

However, the defendant not only has a hand-time driving force, but also includes this case.

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