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(영문) 대구지방법원 김천지원 2017.01.26 2016고단1826
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant was sentenced to a suspended sentence of four years on December 11, 201, by a court, to a violation of the Road Traffic Act (drinking driving), a fine of 10 million won on November 9, 201, and a suspended sentence of one year on December 11, 2014, respectively.

The Defendant, as seen above, has violated the Road Traffic Act two or more times due to driving of alcohol, was driving C-Scar car in the state of alcohol alcohol leveling 0.151% without obtaining a driver’s license from the front side of the Geum Man-gu, Sin-si, Sin-si, Sin-si on August 4, 2016 to the front side of the Geum Man-gu, Sin-si, Sin-si, Sin-si, Sin-si, Seoul, while under the influence of alcohol leveling 0.151% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition (Attachment to judgment);

1. Relevant legal provisions concerning criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 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. The circumstances are favorable to the defendant, such as the fact that the reason for the sentencing of the selective sentence of imprisonment is recognized, against the fact that the reason for the sentencing of the selective sentence of imprisonment is recognized, reflected, and the unmarried person is meeting, but it appears that the relationship between the mother and the siblings, work, social life, etc.

However, there are many cases of driving without a license for drinking alcohol.

Among them, the suspension period of imprisonment due to driving without a license for drinking is also the period of imprisonment, and the suspension of sentence has expired due to driving without a license for drinking.

In addition, this case is also a crime committed during a suspended sentence due to drinking driving.

A sentence of imprisonment shall be imposed on a person who repeatedly commits the same kind of crime in the line following a series of punishments and actions, and the degree of alcohol level in each blood, making it difficult to expect the improvement of the defendant's behavior.

(b) other.

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