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(영문) 대구지방법원 안동지원 2016.08.09 2016고단361
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months for a crime of violating road traffic laws (drinking on November 30, 2010) in Gyeyang Branch of the Jung-gu District Court on November 30, 2010. On March 11, 2015, the Daejeon District Court rendered a summary order of five million won for a crime of violating road traffic laws (drinking on drinking).

[2] On May 12, 2016, the Defendant driven a C-wing vehicle with a alcohol level of approximately 0.155% under the influence of alcohol level 0.15% from the 1k section of alcohol level to the front road of the oil station located in the city of permanent residence without obtaining a driver’s license of a motor vehicle on May 12, 2016 to the South-west land located in the university of permanent residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and making statements in the circumstances of driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. In light of the fact that the Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, committed the instant crime repeatedly and repeatedly during a relatively short period of time, as in the instant case, in view of the fact that the Defendant had a significant number of alcohol driving skills, and that the alcohol concentration in the instant blood transfusion is relatively high, a sentence of sentence on the Defendant is inevitable.

However, considering the fact that the Defendant recognized the instant crime, the driving distance is relatively short and does not cause any other accident, etc. in favor of the Defendant, the circumstances are considered as favorable to the Defendant, such as the Defendant’s age, environment, sex, motive and means of the crime, and circumstances after the crime.

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