beta
(영문) 대구지방법원 2013.11.21 2013고단4746

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

Reasons

Punishment of the crime

On April 21, 2009, the Defendant had been sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act, etc. at the Daegu District Court on April 21, 2009, and a fine of 5 million won by the same court on August 8, 2012.

Criminal facts

On July 16, 2013, at around 20:20, the Defendant driven a gallon vehicle under the influence of alcohol content of 0.090% under the influence of alcohol without a driver’s license, from around 1 km section to the front road of a guardian care center located in the same Ri from the front day of the wind rice, rice, stock, and stock, which are located in the repair of the Cheongdo-do, Cheongdo-myeon-gun, Cheongdo-gun, Cheongdo-do-

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Division: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (iv copies of the judgment and copies of summary orders attached);

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. The reason for sentencing under Article 62-2 of the Criminal Act is very serious in light of the fact that the defendant, despite the majority of criminal records of the same kind, has committed the instant crime again.

However, the defendant's age, occupation, family relationship, blood alcohol concentration, driving distance, etc. shall be determined as ordered in consideration of all the normal data shown in the trial process.