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(영문) 대구지방법원 영덕지원 2015.11.11 2015고단206
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant is a person who was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act at the Daegu District Court’s Yeongdeungpo Branch on March 17, 2010; on May 17, 2012, the same court was sentenced to two years of a suspended sentence for the same crime; on May 27, 2015, the Defendant was sentenced to three years of a suspended sentence for one year and six months for the same crime; on May 27, 2015, the same court was sentenced to three years of a suspended sentence for one year and six months; on June 4, 2015, the sentence became final and conclusive and is currently subject to a suspended sentence for six times after 2006.

2. Although the Defendant had been punished twice or more due to drinking driving, the Defendant again driven a Dogp car, which is owned by the Defendant’s wife, without obtaining a driver’s license at a section of approximately 200 meters from the 200 meters to the front side of the Dogdong-gun, Ulsan-gun, Ulsan-do, Seoul Special Metropolitan City, to drive a Dogp car, where the opening dispute in the same Ri from the front side of the Dogdong-gun, located in the Eup/Myeong-gun, Ulsan-do, Seoul Special Metropolitan City, to the front side of the Dogdong-gun, was under the influence of alcohol by 0.21%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on detection of a drinking driver, report on the circumstantial statement of a drinking driver, register of driver's licenses, inquiry into the results of crackdown on driving under the influence of alcohol, and making an inquiry into the enemy;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, and criminal records, and Acts and subordinate statutes to report an investigation (verification of identical records of a suspect A);

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to the punishment imposed on a violation of the Road Traffic Act heavier than that of the punishment, but choice of imprisonment);

1. The distance driven by the defendant under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is considerably short, and when imprisonment is finalized due to this case’s crime, the imprisonment shall be sentenced;

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