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(영문) 대구지방법원 안동지원 2018.03.23 2018고단59

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to a suspended sentence of three years on September 27, 2017, on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court’s Support on September 19, 2017, and the sentence became final and conclusive on September 27, 2017.

[Criminal facts]

1. On November 5, 2017, the Defendant, while under the influence of alcohol by around 13:26, on the road traffic law, driven a Crocketing motor vehicle at the 1km section from the roads near the movable church that is permanently set in a luminous uniform of 0.215% of alcohol during blood without a driver’s license to the original mastro in a permanent city.

2. On November 20, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven the said strawing car at a section of about 200 meters from the front day of the restaurant at the village cafeteria, which is composed of permanent residence without a vehicle driver’s license, to the 14-1nd day of the same city to the 285-lane 14-1nd day of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of the driver who is to be placed in driving, investigation reports (report on the situation of the driver who is placed in driving), and the results of regulating drinking driving

1. The driver's license ledger;

1. A survey report on each actual condition;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, reports on investigation (reports attached to criminal suspects' rulings and reports);

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the records of having been punished several times due to assault, etc., and in particular, the defendant is under the suspension of execution after being sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination), drinking, driving without a license, etc.

Nevertheless, it is not appropriate.