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(영문) 대구지방법원 안동지원 2016.08.19 2016고단394
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On July 8, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic law (drinking) in the Daegu District Court’s support on July 8, 2010. On April 7, 2015, the Defendant was sentenced to a suspended sentence of 6 months for the same crime by the same court.

[2] On April 15, 2016, the Defendant driven C Coin vehicle under the influence of alcohol leveling to about 0.097% from the 12km section of approximately 12km to the road in front of the kind car service, located in the city of Andong-dong, Andong-dong, without obtaining a driver’s license of a motor vehicle on April 15, 2016, to the road near the Songdong-dong-dong 1135, 1135.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the driver's license ledger, and investigation report (Attachment to guidance);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. For the reason of sentencing under Articles 53 and 55(1)3 of the Act on the Reduction of Small Quantity, the Defendant was punished for a suspension of the execution of six months of imprisonment for a violation of the Road Traffic Act (driving) and for a violation of the Road Traffic Act (non-licenseed driving), and was punished for a suspension of the execution of six years of imprisonment for a violation of the Road Traffic Act (non-licenseed driving) and for a violation of the Road Traffic Act (non-licenseed driving). The above crime by the Defendant appears to be highly likely to cause traffic accidents, etc., and the Defendant was punished for a violation of the Road Traffic Act (non-licenseed driving) around 2009.

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