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(영문) 대구지방법원 서부지원 2017.02.17 2016고단2747

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a two-year suspension of the execution on June 11, 2013 to a two-year suspension of sentence for a violation of road traffic law in the Seo-gu District Court Branch of the Daegu District Court on the following grounds: (a) on June 9, 2016, the Defendant was sentenced to a one-year suspension of the execution of one-year imprisonment for a violation of road traffic law at the Daegu District Court on the 17th of the same month; and (b) on June 9, 2016,

[2] On November 14, 2016, the Defendant: (a) driven a Dsp motor vehicle under the influence of alcohol concentration of about 0.083% in blood without a driver’s license on the 5km section from the 5km to the front road of the Kwon church located in Seo-gu, Seo-gu, Seog-gu, Busan, to which he was aware of the trade name near the mountain market for Yongsan-gu, Daegu-gu, Daegu-gu, Busan-do; (b) on November 14, 2016, the Defendant driven the Dsp motor vehicle under the influence of alcohol concentration of about 0.083% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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 include: (a) the Defendant was sentenced two times to a suspended sentence of imprisonment due to driving under drinking alcohol; and (b) the Defendant was sentenced two times to a fine; and (c) the Defendant committed the instant crime without a license without a license even though he/she was sentenced to a suspended sentence of two years for one year on June 9, 2016 due to driving under drinking alcohol; and (d) the Defendant was not aware of the fact that he/she was under the suspended sentence of two years.

It is judged that it is appropriate to strictly hold the responsibility by imprisonment with prison labor, not a fine, even in consideration of circumstances such as the defendant is against the defendant and his family members want to wear the defendant's wife and have a decent family member.

The circumstances alleged by the defendant shall be the term of punishment.