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(영문) 대구지방법원 2016.03.17 2016고단272

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 June 22, 2011, the Defendant was sentenced to a fine of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the Daegu District Court, and a fine of KRW 1.5 million for the same crime at the same court on June 30, 2014.

[ criminal facts] On December 23, 2015, the Defendant driven a B observer vehicle owned by himself/herself at a level of 0.120% alcohol level without a vehicle driver’s license, and driving a B observer vehicle at a level of 30 meters at the front of the “MM Information Culture Center” in the Daegu-gu Seoul-dong, Seoul-dong, with the front of the same “MM.”

Summary of Evidence

1. Statement by the defendant in court;

1. A report on results of drinking alcohol measurement and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a written reply to criminal history, investigation report (referring to the previous one and a copy of the summary order);

1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

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 by taking into account 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 the crime of this case even though he had been punished several times due to the same kind of crime in the past.

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

There are many things.