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(영문) 대구지방법원 영덕지원 2013.05.08 2013고단54
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 26, 2007, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. in the Young-gu District Court’s Young-gu District Court’s territorial support on December 29, 201, sentenced ten months of imprisonment with prison labor for the same crime, etc. at the same court on December 29, 2010, and completed the execution of the sentence on August 18, 201. On March 13, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime, etc. at the same court on March 13, 2013, and the said

As above, the Defendant is a person who violates Article 44(1) of the Road Traffic Act at least twice.

At around 15:30 on January 21, 2013, the Defendant, without a driver’s license, driven a 32-lane Gab-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the report on the occurrence of a traffic accident, the report on the results of the control of drinking and driving, the report on actual condition, and the register of driver'

1. Previous records of judgment: Application of each Act or subordinate statute stated in inquiry reports, such as criminal records, the results of search by prisoners, and investigation reports (Attachment reports on the same kind of electric records);

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. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) and Article 55(1)3 of the Criminal Act (as to the crime of violation of the Road Traffic Act at the market, the principle of equity shall be applied to the case of the violation of the Road Traffic Act at the same time as the crime of sound driving, etc.) for which a judgment has become final and conclusive.

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