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(영문) 대구지방법원 2016.05.12 2016고단1070

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who violated the provision on the prohibition of driving under the influence of alcohol not less than twice in the Daegu District Court on June 7, 2007, by receiving a fine of KRW 3.5 million due to a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 3 million due to a crime of violating the Road Traffic Act (dacting driving) at the Daegu District Court on September 4, 2013.

[Criminal facts] On February 19, 2016, the Defendant driven B Trate vehicle with approximately 1.4km alcohol concentration of about 0.079% while under the influence of alcohol level at around 0.079%, without obtaining a driver’s license, on the section of approximately 1.4km in front of the Gamyundong, Daegu Northern-dong, Daegu, from the end of the end of the so-called Magdong-dong, to the roads front of the Gamyun-dong, Daegu-dong, Magdong-dong, Magdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and copy of the summary order);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.