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(영문) 대구지방법원 안동지원 2017.06.23 2017고단226
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On January 21, 2015, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) with the support of the Daegu District Court on January 21, 2015, and on February 6, 2015, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on February 6, 2015, and was sentenced to imprisonment with prison labor for not less than two months

On March 23, 2017, the Defendant driven B automobiles under the influence of alcohol content of 0.091% without automatically obtaining a driver’s license from approximately 2 km section from the road in front of the public market, which is formed as a permanent permanent city on March 23, 2017, to the entrance of the upper view of the road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed statement reports on drivers of drinking alcohol, inquiry into the results of crackdown on drinking driving, and inquiry into the decision of the main office;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, despite the fact that the defendant had been punished for a total of three drinking driving crimes, including the record of the crime in the judgment of the court below, also committed the instant crime. In light of the above, the defendant's intent to comply with the law and order or the sense of the punishment seems to be low, and the defendant's active correction is required in a state of isolation with society for a certain period.

This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The defendant has no record of being punished as a penalty beyond the suspension of the execution of imprisonment.

The circumstances favorable to the defendant are the circumstances favorable to the defendant.

In addition, all the circumstances shown in the arguments and records of this case, such as the age, sex, environment, and circumstances after the crime.

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