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(영문) 대구지방법원 2016.05.12 2016고단1062

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

On April 2, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon Branch on April 2, 201, and a fine of KRW 4 million for the same crime at the Daegu District Court on December 24, 2015.

On March 6, 2016, at around 04:25, the Defendant driven a B eth alcohol vehicle with approximately 0.081% alcohol level while under the influence of alcohol level 0.081% while under the influence of alcohol level 0.081%, without obtaining a driver’s license, from the Do near the South-gu ICT, the South-gu Office of the U.S. to the Do in the vicinity of the Gangu Office of U.S. to the Do in the vicinity of the Kanandong-gu. The Defendant driven a eth alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous conviction in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal records of a suspect) statute;

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 crime.

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

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.