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(영문) 대구지방법원 2016.11.10 2016고단3963

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a fine of KRW 1.5 million by the Daegu District Court on March 7, 201, and a fine of KRW 5 million by the Daegu District Court on February 5, 2016, respectively.

【Criminal Facts】

On July 5, 2016, when the Defendant had been punished twice or more due to drunk driving, the Defendant driven Bsch Rexton car without obtaining a driver’s license at a distance of approximately 500 meters from the front of the 500-meter radius to the front of the horizontal plane of the Chungcheongnam-gun, Chungcheongnam-do, Seoul Special Metropolitan City on July 21, 2016, while under the influence of alcohol by 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. License inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number and time of punishment for the same kind of crime; the numerical value of blood alcohol concentration at the time of driving under the same case; the defendant's age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime, etc., the punishment as ordered shall be determined in consideration of various factors of sentencing as shown in the argument of this case.