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(영문) 대구지방법원 안동지원 2016.09.09 2016고단512
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

1. On June 5, 2016, the Defendant was under the influence of alcohol level 0.138% from the 35km section of the blood alcohol level to the front road of permanent residence in 64 and the road in front of the entrance of the womb, even though the validity of a driver’s license was suspended at around 09:08 on June 5, 2016.

2. On June 7, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a rocketing car from the road front of the Postal Management Ra in Andong-dong, which was in force even after the driver’s license was suspended at around 00:00 on June 7, 2016, to the Samsung Bio-Road located in the same city-ro 14 in the same city-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Details of suspension of driver's license, inquiry into administrative disposition of the main office, and application of statutes to the Motor Vehicle Driver;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violation of the Road Traffic Act and a crime of violation of the Road Traffic Act (non-licenseed driving) on June 5, 2016, and a crime of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the number of times and time when the defendant was punished due to drinking and non-licensed driving, the numerical value of alcohol concentration during blood at the time of driving the drinking of this case, driving distance, the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc.

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