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(영문) 대구지방법원 안동지원 2016.09.02 2016고단519
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On October 11, 201, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act in the Daegu District Court’s Ansan Branch on the following grounds: (a) the suspended sentence was terminated on June 23, 2014; (b) on March 28, 2013, the Defendant was sentenced to imprisonment for a violation of the Management of Mountainous Districts Act; and (c) on December 23, 2013, the Defendant completed the execution of the said sentence in the Ansan Prison on December 23, 2013; and (d) on January 14, 2015, the Defendant was sentenced to a summary order of three million won or more for a violation of the Road Traffic Act (driving) by receiving a fine of three million won or more.

【Criminal Facts】

On June 28, 2016, the Defendant, without obtaining a driver's license at around 21:50 on June 28, 2016, driven the Crocketing car at least 0.151% of alcohol level from the 300-meter section to the same city unit in the vicinity of the Ansan-dong Medical Center located in the 470-dong, Ansan-dong, Ansan-dong to the same city unit.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the actual state of a drinking driver, report on the disqualification from the main office, report on the driver's license, ledger of driver's license, making inquiries into the car, and making inquiries into the results of the

1. A criminal investigation report (Attachment to guidance) and accompanying materials;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment of the same kind of power), judgments, and the application of Acts and subordinate statutes on the current status of confinement by individuals;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 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 among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, despite the fact that there were a large number of criminal records of the same or different types of crimes (three times of imprisonment with or without prison labor, imprisonment with or without prison labor, seven times of suspended execution of imprisonment with or without prison labor, and other multiple fines), has reached the crime of this case during the period of

As such, there is a sense of punishment.

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