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(영문) 대구지방법원 의성지원 2016.06.23 2016고단70
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2012, the Defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act in the Daegu District Court's sexual support on July 3, 2012, and on April 29, 2016, the same court received a summary order of 700,000 won for a crime of violating the Road Traffic Act from the same court on February 29, 2016.

On May 17, 2016, the Defendant, while under the influence of alcohol content of 0.203% during blood transfusions on May 17, 2016, was driving a B1 ton cargo vehicle from around 200 meters away from the 200-meter section to the front road of the ordinary road without a driver’s license.

Accordingly, even though the Defendant violated the prohibition provisions on driving under the influence of alcohol more than twice, the Defendant once again driven a motor vehicle without a driver's license in violation of the said provisions.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as inquiry about criminal history, and application of the disposition previous convictions and 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, which is disadvantageous to the grounds for sentencing, - The defendant has been punished by a fine twice for the same crime.

- On April 29, 2016, the Defendant committed the instant crime at the same time when one month has not elapsed since the issuance of a summary order of 700,000 won as a crime of violating the Road Traffic Act (drinking driving) by this Court.

The defendant recognized his mistake and reflects his mistake.

(b) other.

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