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(영문) 대구지방법원 2016.04.28 2015고단6316

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 May 2, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. at the Daegu District Court on January 17, 201, a fine of KRW 3 million for a violation of the Road Traffic Act (dacting driving) at the Busan District Court on January 17, 201, a fine of KRW 2 million for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on January 31, 201, and a fine of KRW 7 million for a violation of the Road Traffic Act (dacting driving) at the Daegu District Court on August 28, 2015, respectively.

[2] On November 24, 2015, the Defendant was driving a Cnibus vehicle at a section of about 3 km from the roads in front of Daegu Northern-gu B to the front of the North Daegu Daegu-gu rent rate of about 0.114% under the influence of alcohol during blood, without obtaining a driver’s license around 07:25 on November 24, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into a report on results of drinking alcohol measurement and the ledger of driver's licenses;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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. According to Article 62(1) of the Act on the Suspension of Execution (a) of the Criminal Act, the sentencing conditions stated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined by taking into account the following circumstances:

Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past.

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

There are many things.