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(영문) 대구지방법원 2016.12.15 2016고단4387

도로교통법위반(음주운전)등

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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 February 13, 2008, the defendant in the same court was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) and a fine of 3.5 million won due to a violation of the Road Traffic Act (driving) in the same court on May 27, 2010, respectively. On June 19, 2014, the same court was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same reason.

【Criminal Facts】

On August 6, 2016, at around 04:18, the Defendant driven a DPoter, spokeer, and faf-faf-faf-faf-faf-faf-faf-faf-faf-faf-faf-faf-faf-faf-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g-g

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives the cargo without obtaining a driver's license under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. In the preceding judgment: Criminal history records, three copies of the summary order, one copy of the judgment, one copy of the previous disposition, and one copy of the confirmation report, and one copy of the Acts and subordinate statutes shall apply;

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 Code of the Probation and Social Service Order, the circumstances constituting the sentencing conditions indicated in the records of this 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, are equally taken into account.