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(영문) 대구지방법원 2016.11.10 2016고단4433

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

[criminal power] On March 11, 2015, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court on March 11, 2015, and a summary order of KRW 4 million for the same crime at the same court on December 11, 2015.

【Criminal Facts】

On August 24, 2016, at least two occasions, the Defendant driven BM5 vehicles under the influence of alcohol level of 0.127% without obtaining a driver’s license for a section of approximately 500 meters from the roads near the citizen playgrounds in the Godong-gu, Daegu, Daegu to the front road in the same Gu, from the date on which the Defendant driven BM5 vehicles under the influence of alcohol level of about 0.127% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the license ledger;

1. Before and after judgment: To apply two copies of written judgments on criminal records, criminal records, criminal records, and criminal records and other records;

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;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as follows.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment several times for the same crime.

In particular, the defendant has committed the same kind of crime several times in a short term.

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