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(영문) 대구지방법원 안동지원 2017.08.18 2016고단819

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On August 14, 2014, the Defendant was sentenced to ten months of imprisonment due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the execution of the sentence was terminated at the Daegu detention center on May 22, 2015.

[Criminal facts] On October 13, 2016, the Defendant driven a Cobserver car at approximately 500 meters away from the front of the rooftop-dong street in the city where he was under the influence of 0.073% in alcohol during blood without obtaining a driver’s license on October 13, 2016 to the king-dong road located in the same city where he was in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the arrest of the occurrence of the case, notification of the result of regulating drinking driving, and a report on circumstantial observation of drivers;

1. Driving under the relevant legal provision on criminal facts: Article 149-2 (2) 3 and Article 44 (1) of the Road Traffic Act without a license: 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. According to the circumstances unfavorable to the Defendant, even though the Defendant was punished for the same kind of crime under Article 35 of the Criminal Act for aggravated repeated crime several times, the Defendant committed the instant crime during the repeated crime period, considering the fact that all of the instant crimes were led to confession and reflect, and considering other circumstances favorable to the Defendant, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime, the sentence as indicated in the instant arguments and records shall be determined as ordered by taking into account.