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(영문) 대구지방법원 2017.11.30 2017고단4506

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] The Defendant was sentenced to a summary order of KRW 2 million on September 17, 2007 due to a violation of road traffic law (driving), etc. at the Seo-gu District Court Branch Branch Branch of the Daegu District Court. On October 28, 2013, the Defendant was sentenced to a suspended sentence of one year for the six months of imprisonment and was sentenced to a suspended sentence of two or more times for a violation of road traffic law (driving).

[2] On July 27, 2017, the Defendant driven two cargo vehicles from B in the section of about 400 meters to B in front of the instant apartment located in Daegu Northern-gu, Daegu-gu, while under the influence of alcohol content of 0.059% in blood, without obtaining a driver’s license for a motor vehicle on July 27, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, inquiry into the results of crackdown on drinking driving, and the license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the history of punishment for drinking driving), and application of statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant is punished by a fine of six times for the same crime and by a suspended sentence of imprisonment.