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(영문) 대구지방법원 2016.11.10 2016고단4712

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 April 13, 2009, the Defendant was notified of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) by the Daegu District Court. On January 25, 2012, the Defendant was notified of a fine of KRW 1.5 million by the same court as the same crime. On November 20, 2014, the Defendant was notified of a fine of KRW 5 million by the same court.

【Criminal Facts】

On September 18, 2016, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and driven B-low-water cars under the influence of alcohol concentration of about 30 meters without obtaining a driver's license from around 05:16, the roads near Busan-dong, Busan-gu, to the front of the Hyperbridge located in the same Dong, and without obtaining a driver's license from around 30 meters.

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. Judgment division: Application of criminal records, reply reports, and summary order three-class 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;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant 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, shall be determined as follows.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment several times for the same crime.

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

There is no criminal records over probation against the defendant.