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(영문) 대구지방법원 2016.04.07 2016고단219

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

Reasons

Punishment of the crime

[criminal history] On September 21, 2006, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (drinking driving) at the Daegu District Court on September 21, 2006 and a fine of eight million won due to a violation of road traffic law (dacting driving) at the same court on March 13, 2015.

[Criminal facts] On December 1, 2015, the Defendant driven a 2300-C vehicle owned by himself/herself from a blood alcohol level to a 0.094% alcohol level without a vehicle driver’s license on December 1, 2015, and from a road near a mountain bank located in the upstream of the Daegu Suwon-dong, up to a new river located in the same hydro-dong located in the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as inquiry about criminal history, investigation report (former and copy of the summary order) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The favorable circumstances: The fact that there is no record of punishment heavier than that imposed by the suspension of execution, and that the latter reflects the crime at latest. The unfavorable circumstances: the driving of drinking without a license at the same time, despite the fact that there was a history of punishment several times for the same kind of crime, shall be determined by taking into account the various factors indicated in the arguments of this case, such as the defendant's age, sexual conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime.