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(영문) 대구지방법원 김천지원 2017.03.30 2016고단1719
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

In the Daegu District Court Kimcheon on February 7, 2007, the Defendant was sentenced to imprisonment for 8 months with labor for a crime of driving under the Road Traffic Act in the above support on September 22, 2016 and 2 years of suspended execution for 6 months. On September 30, 2016, the Defendant was determined on September 30, 201 and is still under suspended execution.

Although the Defendant had been punished twice or more due to driving of alcohol as above, on November 6, 2016, at around 20:20, the Defendant driven a Clessstam car with approximately 50 meters alcohol content 0.210% while under the influence of alcohol without a driver’s license from the front of the trade influent convenience store in the vicinity of 25-gil-dong, Sin-si, Sin-si to the front of the desire point of approximately 23 GS25, Dong-dong 25, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. A survey report and photograph of actual condition;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, investigation report (the same type of force and confirmation of probation period);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 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. The punishment is inevitable in light of the fact that a person commits a crime for the same reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the fact that a person commits a crime during the period of suspension of execution of the same crime, and the result of the measurement of alcohol;

The punishment shall be determined as ordered in consideration of the favorable circumstances, such as the fact that the defendant is against himself/herself and has dependents, the age, sex, environment, circumstances leading to the crime, circumstances leading to the crime, etc., and all the circumstances shown in the arguments, such as the circumstances after the crime, etc.

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