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(영문) 대구지방법원 안동지원 2013.08.08 2013고단348
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On July 7, 2011, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch. On May 30, 201, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime, etc. in the same court on May 30, 2013, and the judgment on June 8, 2013 became final and conclusive and is still under the suspended sentence.

On June 16, 2013, the Defendant was under the influence of alcohol by 0.263% without obtaining a driver’s license at around 14:35, the Defendant driven Crain or car in the section of about 5 km from the front of the Gangwon-do restaurant located in the west-gun, Chungcheongnam-gun, Gyeongyang-gun, which is located in the west-gun, to the front of the Taewon-won located in the same west-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and the register of driver's licenses (A);

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (report on binding of records of identical A-class military records of a suspect) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “the reason for sentencing”) was only the fact that the defendant was sentenced several times to the previous sentence on May 30, 2013, and the defendant was sentenced to a suspended sentence of one year on the grounds of drinking and driving without a license on the same day, and is currently under the suspended sentence of two years on May 30, 2013, the defendant committed each of the instant crimes of the same kind in addition to the date on which the above judgment was sentenced, the blood alcohol concentration is very high to 0.263%, and the above suspended sentence was issued at the time of the sentence of the suspended sentence.

In light of the fact that the vehicle was driven again, it is inevitable to strictly punish the defendant.

However, this decision is finalized when the confession is made, the reflection is made, the aged aged 72 years, and this decision is finalized.

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