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(영문) 대구지방법원 김천지원 2013.12.18 2013고단1326
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2011, the Defendant was issued a summary order of a fine of five million won due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on June 3, 201, and on September 28, 2012, the Defendant was sentenced to imprisonment for six months or two years or more due to a violation of the Road Traffic Act in the same court on September 28, 201, and is still under suspension of execution.

On September 29, 2013, at around 08:04, the Defendant driven C NewxG car while under the influence of alcohol concentration of about 0.070% without a car driving license on the front of the Doamri Doamri, the same 6 kilometers away from Kimcheon-si B.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Investigation report (in cases of cancellation, etc. of suspect's license);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence of this case is inevitable in light of the following: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the person was sentenced to a suspended sentence for the same kind of crime as stated in its reasoning; and (c) the person committed the instant crime even during the suspended sentence; and (d) the person was sentenced to a suspended sentence.

However, considering the circumstances favorable to the defendant's age, character and behavior, environment, etc., the punishment as ordered shall be determined by comprehensively taking into account all other circumstances, such as the fact that he/she was under the influence of drinking while driving a house after drinking to the new wall.

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