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(영문) 대구지방법원 안동지원 2018.07.17 2017고단762
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law (drinking driving) in the Daegu District Court’s support on the road traffic law in August 2016, and the judgment became final and conclusive on December 9, 2016. On December 8, 2011, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime, and was sentenced to a suspended sentence of two years for the above court on December 8, 2011, and was 4 times for driving skills and three times for non-licensed driving skills.

On October 31, 2017, the Defendant, without a driver’s license of a motor vehicle around 19:30 on October 31, 2017, driven a E-Poter vehicle from the front parking lot of the C cafeteria located in Ansan-si B to D, while under the influence of alcohol of 0.140%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver who takes driving, report on actual condition, and investigation report (Attachment to the register of driver's licenses);

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, such as criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume are as follows: ① the suspension of the execution of imprisonment for a crime that contains drinking driving in 2005; ② the fine for a non-licensed driving in 2006; ③ the fine for a non-licensed driving in March 201; ④ the suspension of the execution of imprisonment for a non-licensed driving in December 201; ④ the suspension of the suspension of the execution of imprisonment for a non-licensed driving in 201; ⑤ the fine for a non-licensed driving in 2012; ② the suspension of the suspension of the execution of imprisonment for a non-licensed driving in 201; and ② the suspension of the execution of the sentence of imprisonment for a non-licensed driving in 2016; and 7)

In light of these criminal records against the defendant, the circumstances alleged by the defendant, i.e., the defendant's dependents, and volunteer activities in the local community.

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