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(영문) 대구지방법원 2015.10.29 2015고단4319

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 31, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Daegu District Court, and on January 29, 2014, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daegu District Court Kimcheon Branch, etc. on January 29, 2014, and on June 10, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of six months.

【Criminal Facts】

On August 7, 2015, the Defendant, without obtaining a driver’s license on August 23:25, 2015, driven C rocketing car at a section of about 50-60 meters from the front day of the trip cafeteria cafeteria located in the Gyeongcheon-gun, Gyeongbuk-gun, the 0.203% of the blood alcohol content, to the middle distance of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. License inquiry;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

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 is that the Defendant had a record of punishment several times due to drunk driving, etc., but was drinking or driving without a license.

In addition, since the defendant was committed without being aware that two months have not passed since he was subject to suspended sentence due to the same criminal act, and committed the crime of this case, it is inevitable to sentence a sentence to the defendant.

However, the defendant's act of committing the crime at the latest is recognized and reflected, and all other factors of sentencing, such as the motive, means and result of the crime in this case, the circumstances after the crime, the age, character and conduct of the defendant, family environment, etc.