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(영문) 대구지방법원 안동지원 2016.10.14 2016고단416
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 5, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Support on the grounds of the violation of the Road Traffic Act. On February 10, 2011, the Defendant received a summary order of 2.5 million won for the same crime in the same court.

【Criminal Facts】

On May 11, 2016, the Defendant, without obtaining a driver’s license at around 16:48 on May 11, 2016, driven a breab while under the influence of alcohol at approximately 0.183% of alcohol content at the section of approximately 1km from the front day of the community center in the Pungdong-Eup in the city of permanent residence to the front day of the police box in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A written assessment of blood alcohol, a written assessment of drinking drivers, and a written report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of a punishment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under the main sentence of Article 62(1) of the Criminal Act is the frequency and time of punishment imposed by the defendant for drinking alcohol and driving without a license, the degree of blood alcohol concentration at the time of drinking alcohol in this case, driving distance, driving distance, the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, etc., and the various reasons for sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be

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