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(영문) 대구지방법원 안동지원 2016.06.24 2016고단367
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[criminal history] On May 30, 2013, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic law in the support of the Daegu District Court on May 30, 2013, and on May 3, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for a crime of violating road traffic law (drinking) and the said judgment became final and conclusive on the 11st of the same month.

[2] On May 10, 2016, the Defendant was a person who had been punished twice or more due to a violation of the Road Traffic Act (drinking) and was driving C low-water strawing vehicle under the influence of alcohol level of about 0.104% from the 800 meters away from the 800-meter section to the front road of Samsung Samsung Titl Factory, which is located in the 408th 408 square meters of alcohol level, without obtaining a driver’s license on May 10, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of drinking control, report on the situation of the driver in charge, photograph of the driver's license, register of motor vehicles driver's license, inquiry into the head office, inquiry into the attachment of the vehicle, and inquiry and guidance;

1. Each report on internal investigation:

1. A report on investigation (Attachment of guidance);

1. Records of crime: Application of a reply to inquiries, such as criminal history, each investigation report (informating a copy of the judgment, attachment of the same power, and attachment of attached materials), and statutes;

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. The latter part of Article 37 of the Criminal Procedure Act: Provided, That there are many criminal records including the criminal records as indicated in the judgment of the defendant with the reason for sentencing under Article 39(1) of the same Act; the defendant committed the instant crime since one week has not passed since he was sentenced to a suspended sentence of imprisonment for a crime of violating road traffic law as seen earlier; and the defendant committed the instant crime at once again, the defendant's risk of punishment is remarkably lower than the general public.

Since we look at the defendant, the society is against the defendant.

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