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(영문) 대구지방법원 서부지원 2015.07.27 2015고단522

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 26, 2012, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) in Changwon District Court’s Seoyang Branch on July 26, 2012, and on February 4, 2014, the Defendant was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) and was sentenced to a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) and was sentenced to five times the Defendant was sentenced to five times as

【Criminal Facts of Crimes】 On April 3, 2015, the Defendant driven a 300-meter-free car from the Sovietology to the front of the Dorisung-gun, Gyeongbuk-gun, Gyeongbuk-gun, with a blood alcohol content of 0.084% without obtaining a driver’s license on April 3, 2015.

Summary of Evidence

1. Court statement of the defendant (the fourth court date);

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (previous records and details of sound driving) 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 (The following extenuating circumstances among the reasons for sentencing);

1. The criminal liability is very heavy in that the defendant committed each of the crimes of this case in spite of the fact that he/she was sentenced to a fine twice due to drinking driving for the reason of sentencing in Article 62-2 of the Criminal Act.

However, the order is based on the following factors: (a) the Defendant led to the confession of each of the crimes in this case; (b) there was no record of punishment exceeding the fine imposed against the Defendant in the previous case; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances of the crime in this case; and (d) the circumstances after the crime.