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(영문) 대구지방법원 포항지원 2016.12.15 2016고단284
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On June 18, 2012, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act from the Gangnam Branch Branch of the Chuncheon District Court, and a summary order of KRW 4 million for a fine of KRW 1 million for the same crime, etc. on October 14, 2015 from the Gunsan Branch of the Jeonju District Court.

On October 15, 2015, the Defendant, while under the influence of alcohol by 0.104% without a driver’s license of a vehicle, driven the volume of B mountain-free car at a section of about 10km from the front of the 10km to the road of the Gyeongan Port in the north-gu, Seoul Metropolitan City at the port of port, if the Defendant sent the same Gu to the same Gu in front of the liveth of the liveth of the liveth of the live port.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. There are extenuating circumstances, such as the fact that the reason for sentencing is not causing a traffic accident in light of Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 201).

However, in light of the fact that the defendant had been punished five times due to drinking, driving without a license, the crime of this case was committed by the last drinking, driving without a license, and the fact that the defendant committed the crime of this case, and the fact that drinking water is high, and that the defendant tried to escape from criminal punishment by saving the location of the defendant after the crime.

Specifically, in addition to the above circumstances, the defendant's age, character and conduct, environment, other than the above circumstances.

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