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(영문) 대구지방법원 2014.08.28 2014고단3442
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 5, 2007, the Defendant was sentenced to a suspended sentence of two months by imprisonment for a violation of the Road Traffic Act or for a violation of the Road Traffic Act (non-licensed driving). On October 6, 2010, the Defendant was sentenced to a summary order of three million won by a fine for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving). On November 8, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (non-exclusive driving) at the Seogu District Court Branch of the Daegu District Court on August 8, 2012, and on November 16, 2012, the said sentence becomes final and conclusive as of November 16, 2012.

On June 10, 2014, the Defendant, without obtaining a driver’s license at around 01:17, driven B B B in the section of about 500 meters from the Jeju-do cafeteria(s) parking lot located in Youngcheon-si, Youngcheon-si to the Central History Road located in the same city, in the state of alcohol concentration of 0.132%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times of a fine due to drunk driving, and two times of a suspended sentence. In particular, the Defendant again committed the instant crime even though he/she was sentenced to a suspended sentence for eight months on November 8, 2012 due to a crime of violating the Road Traffic Act on the grounds that he/she was sentenced to a suspended sentence for eight months, and the judgment became final and conclusive on November 8, 2012, and the suspended sentence became final and conclusive, and thus, he/she again committed the instant crime. Therefore,

However, the defendant reflects the crime of this case and the distance of the defendant's driving is relatively relatively.

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