beta
(영문) 대구지방법원 2015.07.16 2015고단2345

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 6, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on November 6, 2008, and a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the same court on March 31, 2009, and a fine of KRW 6 million for a violation of the Road Traffic Act (driving) in the same court on November 4, 2014, respectively.

On May 11, 2015, the Defendant, while under the influence of alcohol by 0.126% without a driver’s license on May 23:5, 2015, driven Bsch Rexroth car at the front line of the “compact bridge” located in the front line of the “compact bridge” located in the Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;