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(영문) 대구지방법원 서부지원 2016.01.08 2015고단1401
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 10, 2009, the Defendant was sentenced to a suspended sentence for eight months due to a violation of road traffic laws in the Seo-gu District Court Branch of the Daegu District Court, and was sentenced to a suspended sentence for four months due to a violation of road traffic laws at the Daegu District Court on May 17, 201. On August 14, 2013, the Defendant was sentenced to a suspended sentence for six months due to a violation of road traffic laws at the Seo-gu District Court Branch of the Daegu District Court on August 14, 201, and completed the execution of the sentence at the Daegu District Court on February 10, 2014.

The Defendant is a person driving a C Freight Vehicle.

On August 11, 2015, without a driver’s license of a motor vehicle around 07:10, under the influence of alcohol content of 0.075% in blood, the Defendant driven the foregoing cargo vehicle with approximately KRW 500 meters up to the front of the day of the night of the night of the family in the same Eup/Myeon budget of the Sung-gun, Sung-gun, Seongbuk-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. An inquiry into the determination of the main office (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and 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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the fact that the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity include the fact that the defendant has been punished several times for the same kind of crime, the fact that the defendant again committed the crime in this case during the repeated crime period for the same kind of crime, and the defendant seems to have continuously been driving without obtaining a driver's license since 2000, the sentence shall be imposed; however, it is not high in the drinking value; there are family members to support the vehicle; the vehicle is scrapped to drink and not driving without a driver's license; etc., the sentence shall be determined as per the disposition.

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