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(영문) 대구지방법원 서부지원 2016.08.26 2015고단1260
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on February 17, 2012, and was notified of a summary order of KRW 6 million by the same court on August 11, 2014 for a crime of violating the Road Traffic Act.

On May 17, 2015, the Defendant driven B rocketing car under the influence of alcohol content of about 0.168% without a vehicle driver’s license at a section of approximately 500 meters from the fourth distance near the galk-dong, Seogu, Daegu-gu, Daegu-gu to the front of the bank located in the same Dong from May 17, 2015.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, but once again operated a motor vehicle under the influence of alcohol in violation of the said provision.

Summary of Evidence

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

1. Statement made by the police against C;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment of judgment, etc. related to drinking driving after May 31, 2006)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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