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(영문) 대구지방법원 안동지원 2014.08.08 2014고단101

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On December 10, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch, and on October 11, 201, the same court sentenced ten months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on June 16, 2012.

【Criminal Facts】

On February 2, 2014, at around 19:43, the Defendant driven B Coin car while under the influence of alcohol 0.206% of alcohol alcohol level without obtaining a driver's license from approximately 40 meters from the 18-8 side of Mayang-ri, Mayang-ri, 18-8, Mayang-ri, Mayang-ri, Mayang-ri, Mayang-ri, Mayang-do to 18-10.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on detection of drivers, and inquiry into the register of driver's licenses;

1. Before ruling: Application of criminal history records, inquiry reports, investigation reports (verification of the same type of criminal records), and Acts and subordinate statutes on the status of personal identification and confinement;

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. Article 35 of the Criminal Act (applicable to the previous crimes committed on October 11, 201) among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even though he/she was committed a repeated crime due to the same kind of crime, and it is difficult for the Defendant to be exempted from punishment.

In addition to the above unfavorable circumstances, the punishment was determined by taking into account the fact that the defendant's wrong recognition and reflective attitude, and all the conditions stipulated in Article 51 of the Criminal Act, such as the family relationship of the defendant.