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(영문) 대구지방법원 김천지원 2014.06.12 2013고단1778
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 17, 2009, the Defendant issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on May 6, 201, a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 9, 201, and a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 9, 201, respectively. On June 11, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving of Drinking) at the Changwon District Court's Jinju branch on July 11, 2013.

On October 8, 2013, at around 23:55, the Defendant driven a Cunststoping freight vehicle under the influence of alcohol 0.107% in alcohol without obtaining a driver’s license from the 20km section from the front of the Kimcheon-dong, Kimcheon-si to the front of the new village located in the same 1st century in the same Sin-si.

The defendant, who has violated Article 44 (1) of the Road Traffic Act twice or more, drives a motor vehicle under the influence of alcohol without obtaining a driver's license, in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. The occurrence report on traffic accidents, the report on the actual state of drivers, the report on the actual state survey, the on-site photographs, and the register of driver's licenses;

1. Previouss before and after judgments: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 1 of Article 152 and Article 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. It is inevitable to punish a person in light of the fact that the person commits a second offense during the period of probation for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the fact that the person committed an accident with the judgment, and the fact that the person has a number of same criminal records in addition to the judgment,

However, the crime;

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