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(영문) 대구지방법원 포항지원 2017.02.07 2016고단1671
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On November 2, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic laws at the port support of the Daegu District Court in Daegu District Court on November 2, 201, and on June 2, 2016, the Defendant was sentenced to two years of suspension of execution on June 10, 201, and the said judgment became final and conclusive on June 10, 201.

[Criminal facts] On October 26, 2016, the Defendant driven Crensing car under the influence of alcohol level of about 0.131% in the 10-meter radius from the front side of the main body of the Gu and the front side of the Gu and the main body of the Gu and the police station located in 180-6 of the Gu and the 10-6 Gu and the 17:40 on October 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and the report of investigation (Attachment to the same type of judgment attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. There are extenuating circumstances, such as the following: (a) ordinary concurrence; and (b) Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a crime of violating the Road Traffic Act due to heavy drinking driving; (c) punishment is imposed; and (d) the defendant's acknowledgement of the crime and reflects the mistake; and (e) the driving distance is shorter.

However, this case is due to the fact that the defendant was sentenced to a suspended sentence due to drinking driving, and the judgment was made final and conclusive, without being able to do so during the four-year grace period, and the defendant was sentenced twice a sentence due to drinking, driving without a license, which has many records of punishment, such as a suspended sentence, one time a suspended sentence, which has high drinking value, and the driving distance was very short, but it was only due to the occurrence of a traffic accident, and it is only minor physical damage due to negligence that caused a traffic accident in the state without a license.

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