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(영문) 대구지방법원 2016.04.21 2016고단306

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 January 12, 2015, the Defendant was sentenced to a fine of three million won for a violation of road traffic law in the Seo-gu District Court Branch of the Daegu District Court as well as a fine of one million won for the same crime at the Daegu District Court on August 6, 2015.

[2] On December 27, 2015, the Defendant was under the influence of alcohol content of 0.070% in blood without a vehicle driver’s license on December 27, 2015, and the Defendant driven B K7 vehicle at B 30 meters in the same parking lot located in 162 G 107 GG in the 107 GG 162.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of driving a drinking, report on the results of regulating drinking driving, and inquiry about the results of regulating drinking driving;

1. The driver's license ledger;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Sentencing favorable circumstances: The fact that there exists no record of punishment for suspension of qualifications or more severe punishment; the fact that the defendant has committed the crime late and there are circumstances that may be considered in the course of committing the crime; unfavorable circumstances: The defendant repeatedly commits the same kind of crime within a short period; the defendant's age, sex, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be determined as ordered by taking into account various factors indicated in the arguments of this case, such as the defendant's age, sex and behavior;