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(영문) 대구지방법원 안동지원 2017.03.03 2017고단15
도로교통법위반(무면허운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic law in the support of the Daegu District Court on November 8, 2007, and on July 5, 2016, the defendant was sentenced to a suspended sentence of three months for a period of imprisonment with labor for a violation of road traffic law (drinking) in the same court on July 5, 2016, and the suspended sentence becomes final and conclusive on July 13, 2016.

[Criminal facts]

1. On July 26, 2016, the Defendant: (a) 20:00 permanent residence, she was under the influence of the alcohol of the Victim C (48 Dose) at the Heart citizen park located in 167, and did not treat the Defendant as an extension person; (b) fluordly, the Defendant fluorddly fluordddly fluordddly fluor who was on the fluor’s fluor; and (c) fluordly fluordly fluor fluor fluor fluor

2. On July 26, 2016, the Defendant violated the Road Traffic Act (driving a drinking) and the Road Traffic Act (Non-licensed driving) driving on two occasions, even though he/she had a history of driving two times of drinking, he/she driven DNA from approximately 150 meters at the front of a yellow cafeteria, which is permanently under the influence of 0.118% alcohol level in the blood alcohol level without a bicycle driver's license on July 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement report on the circumstances of the driver of a drinking driver, inquiry into the results of crackdown on drinking driving, inquiry into the grounds for disqualification of the main office, inquiry into the tea, and report on the arrest of the case;

1. A report on internal investigation:

1. Records of crime: Application of inquiry letter, such as criminal history, investigation report (A), and attachment data-related Acts and subordinate statutes;

1. The point of assaulting relevant legal provisions on criminal facts: The point of driving under the influence of alcohol pursuant to Article 260 (1) of the Criminal Act: The point of driving without a license pursuant to Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;

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

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. Reduction of a small amount;

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