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(영문) 대구지방법원 안동지원 2018.02.02 2017고단725
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On June 14, 2012, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s support on June 14, 2012, and on October 14, 2015, the Defendant issued a summary order of KRW 5 million for the same crime in the same court and has the record of driving alcohol at least twice.

On October 24, 2017, the Defendant was under the influence of alcohol of 0.071% in blood, without obtaining a driver’s license for a motor vehicle on October 24, 2017, and was driving at approximately 15 km from the road in front of the Defendant’s residence in Ansan-si B to the road front of the Dong MBC, located in the same city group.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Reporting on the occurrence of a traffic accident, notification of the results of regulating the driving of drinking alcohol, report on the circumstances of the driver of drinking alcohol, investigation report (report on the circumstances of the driver of drinking alcohol), investigation report on each actual condition, inspection report on each on-site photograph, and inquiry into the results of

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for protection observation, taking lectures, and community service order is that the crime of this case is not good in light of its circumstances, danger, etc.

Although the defendant had been subject to criminal punishment on three occasions due to drinking driving, he/she committed the crime of this case at the same time.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There shall be no history of criminal punishment exceeding a fine against the defendant.

This is the circumstances favorable to the defendant.

In addition, the arguments of this case, such as the age, sex, environment, and circumstances after the crime, etc. of the defendant.

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