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(영문) 대구지방법원 2016.01.28 2015고단5864

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

Reasons

Punishment of the crime

On July 24, 2008, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Daegu District Court on July 24, 2008, and on June 20, 2014, the same court issued a summary order of five million won for a crime of violating the Road Traffic Act.

On November 20, 2015, the Defendant, without a driver’s license, driven a 500-meter freight vehicle owned B from the blood alcohol concentration of 0.085%, to the roads located in the same Dong from the front of the Daegu Regional Police Agency located in the Daegu Suwon-dong, to the roads located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on drivers of drinking alcohol, notification of the results of crackdown on drinking alcohol driving, and written confirmation for correction;

1. The driver's license ledger, etc.;

1. Previous convictions indicated in judgment: Application of investigation report (the filing of a copy of the summary order of the same crime to the suspect) 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 suspension of execution (the suspension of execution of punishment shall be limited to only once in consideration of the confession and reflective nature);

1. It is so decided as per Disposition on the grounds of the observation of protection, order to attend a lecture, order to provide community service, Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;