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(영문) 대구지방법원 상주지원 2013.11.26 2013고단349
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Power of Crime, which is the reason for repeated crime] On January 11, 201, the Defendant was sentenced to one year to imprisonment for a crime, such as violation of the Road Traffic Act, at the residents support center of the Daegu District Court on January 11, 201, and completed the execution of the sentence in the Third Prison of North Korea on October 21, 201.

【Criminal Facts】

On July 29, 2013, the Defendant, at around 04:50, driven C 125c c occ under the influence of alcohol concentration of about 0.115% without obtaining a motorcycle driver's license from a section of about 10 meters in front of the import land board located in the same Dong, in front of the three main apartment zone located in the air condition, at the time of permanent stay at around 04:50.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, the results thereof, and the status of driving under drinking;

1. Registers of driver's licenses;

1. Criminal records: Application of each written judgment (57,60 pages) and Acts and subordinate statutes on the current status of confinement and confinement of individuals;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. In accordance with the Defendant’s assertion of the option of punishment, there are circumstances to consider the driving circumstances of the instant case; however, the Defendant has been sentenced 11 times or more in a case that includes a violation of the Road Traffic Act; the Defendant has been punished by a fine as the crime of driving a two-wheeled motor vehicle without license during the repeated offense period for the same kind of crime, and it is obvious that the purpose of punishment cannot be satisfied. Thus, the Defendant’s choice of fine cannot be subject to imprisonment.

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