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(영문) 대구지방법원 안동지원 2016.05.03 2015고단831
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 7, 2015, the Defendant driven Cribe, while under the influence of alcohol leveling 0.103% without a driver’s license, from the 1km section from the 674-9-9 road to the 838-way road located in the same Dong-dong-si, Chungcheongnam-si, the Defendant driven a cargo vehicle with Cribe, while under the influence of alcohol leveling 0.103% from the 1km road in the same Dong-dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and the result of regulating drinking driving;

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

1. Article 148-2 (2) 2 of the relevant Act on the Traffic of Roads and Articles 152 (2) 1 and 43 of the Road Traffic Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment was already sentenced to a fine for the same kind of crime, and the Defendant had also been sentenced to a licenseless driving and a licenseless driving under the influence of alcohol during the suspension period of the execution of imprisonment due to the occurrence of an offender.

In extenuating circumstances, the Defendant does not seem to have reached the instant crime, and the blood alcohol concentration level is also low.

subsection (b) of this section.

In light of the above circumstances, the sentence of imprisonment is selected.

However, the defendant recognized his mistake and reflects his mistake, and scraped the vehicle of this case to prevent the same kind of crime again.

There are many things.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by the text.

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