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(영문) 대구지방법원 2016.06.30 2016고단1563

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 July 9, 2013, the Defendant issued a summary order of KRW 1,50,00,000 to a fine for a violation of road traffic laws at the Daegu District Court on October 15, 2015, and a fine of KRW 5 million for a violation of road traffic laws at the Daegu District Court on October 15, 2015, and on March 22, 2016, for a violation of road traffic laws (unlicensed Driving) at the Seog Branch of the Daegu District Court on March 22, 2016.

On April 7, 2016, under the influence of alcohol level of 0.074% in blood without obtaining a driver's license of a motor vehicle, the Defendant driven approximately 3 km of B Mystala car from the street in the vicinity of the Seogu Seo-gu, Daegu-gu, Daegu-gu, to the front side of the Daegu-gu Police Station located in Taegu-gu, Daegu-dong, Daegu-dong, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the disposition failure (Attachment to 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. 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 kind of crime in the past.

In particular, the defendant has committed the same crime over several times in a short term.

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

There are many things.

The defendant's blood alcohol concentration 0.0