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(영문) 대구지방법원 경주지원 2015.09.10 2015고단462
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On April 9, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a crime of injury by group, deadly weapons, etc.) in Daegu District Court and racing support on the 17th of the same month, and the judgment becomes final and conclusive on the 17th of the same month.

【Criminal Facts】 On April 6, 2009, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million to a fine in the same court on October 4, 2010.

On May 28, 2015, at around 23:19, the Defendant driven Bwer truck under the influence of alcohol level of about 0.083% without obtaining a driver’s license in a section of about 300 meters from the front side of the friendly apartment in the city of Ansan-si to the front side of the rmotototoo restaurant in the same Ri, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a person suspected of violating the Road Traffic Act (driving and driving without a license), notification of the results of the regulation of drunk driving, circumstantial report on a drinking driver, inquiry into the results of the regulation of drunk driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (up to the period of suspended execution of a suspect), investigation reports (up to the majority of the same kind of force), and 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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is not high in the Defendant’s blood alcohol level, but the Defendant committed the instant crime during the period of suspended execution, and was punished by a fine for the same kind of power.

In addition, the defendant's age, character, character and environment, and the motive and means of the crime of this case.

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