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(영문) 대구지방법원 2017.01.12 2016고단5822

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on January 25, 2007, issued a summary order of KRW 1,500,000 as a fine for a crime of violating the Road Traffic Act, on October 9, 2012, a summary order of KRW 1,50,000 as a fine for the same crime from the Seo branch branch of the Daegu District Court on the same day, and on December 14, 2015, issued a summary order of KRW 5,00,00 as a fine for the same crime at the same court on the same day, and on June 9, 2016, issued a summary order of KRW 5,00,00 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on the same day on the condition that the Defendant was sentenced to a suspended sentence of two years for driving

On November 2, 2016, 22:52 around 22:52, the Defendant driven Cirst motor vehicle under the influence of alcohol concentration of about 0.102% while under the influence of alcohol, without obtaining a driver’s license, within approximately 6km section from the same four-meter radius in the name of the Dong-gu, Gandong-gu, Gandong-ro, Gank-ro, Gank-ro, Gank-ro, Gank-ro, in the same face of the same face to the 164-ro,

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report-based previous convictions, and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. On the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, criminal conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered in full view.

Unfavorable circumstances: Although the defendant had been punished several times for the same kind of crime in the past, the defendant committed this case again during the suspension period of execution due to the same crime.

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

There are many things.