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(영문) 대구지방법원 상주지원 2016.05.31 2016고단87
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a suspended sentence of six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act in the residents support of the Daegu District Court on October 25, 2011. On August 26, 2014, the defendant was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act and violation of the Road Traffic Act. On August 26, 2014, the same court was sentenced to two years for a suspended sentence of ten months for a crime of violation of the Road Traffic Act and violation of the Road Traffic Act (non-licensed driving) and was decided on September 3, 201,

[2] On March 16, 2016, at around 06:40, the Defendant driven a B body-man car under the influence of alcohol concentration of about 0.117% without obtaining a driver’s license from approximately 100 meters section from the front day of the refrativity hall located in the refrative forest, to the front day of the 16 profrat road in the city air condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation of the degree of such convictions and convictions), and statutes;

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

1. The Defendant has been punished for driving under drinking alcohol, etc. on a multiple occasions, and the Defendant again committed the instant crime without being aware of the fact that he/she had been under suspension of the execution due to a non-license or drinking driving, so it is inevitable to sentence a sentence of imprisonment.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant is against the crime, and the age, sex, environment, circumstances leading to the crime, means and methods, results, circumstances after the crime, drinking volume, etc. of the defendant.

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