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(영문) 대구지방법원 안동지원 2014.08.08 2014고단256

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 7, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court's Support on the ground of the violation of the Road Traffic Act, a fine of one million and five million won for the same crime in the same court on March 20, 2008, and a fine of five million won for the same crime in the same court on February 4, 2014.

【Criminal Facts】

On February 14, 2014, at around 21:30, the Defendant, without a driver’s license, driven a B-pon vehicle owned by the Defendant from a new global conference parking lot located in the Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though there are several kinds of records, the Defendant committed the instant crime and cannot be deemed to be less and less strict, but the Defendant appears to recognize his mistake and reflect his attitude, etc., and selected a suspended sentence, taking into account all the conditions as prescribed in Article 51 of the Criminal Code, such as the fact that the Defendant appears to recognize