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(영문) 대구지방법원 상주지원 2012.11.29 2012고합93
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence of two years for one year, for a crime of violation of the Road Traffic Act on May 14, 2008, for a fine of KRW 700,000,000, for a violation of the Road Traffic Act on March 19, 2009, for a violation of the Road Traffic Act on March 19, 200, for a suspended sentence of six months, for a violation of the Road Traffic Act on June 21, 201, and for a violation of the Road Traffic Act (non-licensed driving).

On August 19, 2012, at the time of permanent stay at 22:11, the Defendant driven D-wing truck with a blood alcohol level of 0.126% under the influence of alcohol level of 0.126%, without obtaining a driver’s license, from around 8 km in front of the Mag-ri Man Pari 64-2 in front of the residential bath site located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the report on detection of drivers, the report on the circumstantial statement of drivers, the request for appraisal of blood alcohol concentration, the written appraisal of blood alcohol, the register of driver's licenses, and the details of revocation of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of each Act or subordinate statute stated in each judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound 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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of 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 for discretionary mitigation (hereinafter referred to as the grounds for sentencing) appears to be that the Defendant has led to the instant crime even though he/she was punished on several occasions due to drunk driving or driving without a license, and in particular, the instant crime was committed again, and the suspended sentence becomes final and conclusive on October 5, 201 by having been sentenced to two years of suspended sentence for one year of imprisonment due to driving without a license or driving without a license on drinking on June 21, 201.

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