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(영문) 대구지방법원 2017.04.27 2017고단1451

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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 October 29, 2012, the Defendant, at the Daegu District Court, issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving), and on March 13, 2015, the Defendant, at the same court, received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) and received two or more times of driving skills.

[Criminal facts] On February 15, 2017, the Defendant driven B low alcohol leveling 0.198% while under the influence of alcohol leveling 0.198%, without obtaining a vehicle driver’s license, from the front side of the Yellow Village cafeteria, which is located in Masan-si, Busan-si, to the front side of the Dong-ro 72 o-ro, Dong-ro, 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order, etc. of the same type of crime record);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed a crime of the same kind in the past, even though he had been punished several times due to the past.

The number of alcohol concentration among the blood of the defendant is very high.

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

There are many things.