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(영문) 대구지방법원 서부지원 2016.02.16 2015고단1706

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 3, 2006, the Defendant was notified of a summary order of a fine of four million won due to a violation of the Road Traffic Act (drinking driving), etc. on the part of the Daegu District Court and the racing support, and on January 30, 2008, the Defendant was notified of a summary order of 2.5 million won due to a violation of the Road Traffic Act (dacting driving), etc. on the part of the Young-gu District Court and the

On September 17, 2015, at around 06:30, the Defendant driven a motor vehicle with alcohol content of about 0.110% while under the influence of 0.110% in alcohol without a motor vehicle driver’s license from approximately 500 meters to the road in front of the lurine road located in the Sin-ri, Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-do.

As a result, the Defendant had a history of punishment for driving a motor vehicle on more than two occasions, but was under the influence of alcohol, he again driven a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no excess of the punishment of a fine for the same crime);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;