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(영문) 대구지방법원 2017.08.17 2017고단2208

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

[criminal history] On October 15, 2010, the Defendant is a person who has been punished by a fine of two million won or more for a violation of road traffic laws at the Suwon District Court's Eunpyeong District Court's House on April 10, 201, a fine of 1.5 million won or more for a violation of road traffic laws (driving) at the Incheon District Court's District Court on April 10, 2012, and a fine of five million won or more for a violation of road traffic laws (driving) at the Daegu District Court on April 10, 2015.

[Criminal facts] On March 28, 2017, the Defendant, without a driver’s license around 00:30, driven a CEX car in the section of approximately seven kilometers in the direction of approximately seven kilometers in front of the Daegu Jung-gu in the same city from the street in front of the city to the street in the same city, while under the influence of alcohol content of 0.155% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry into the results of crackdown on drinking driving, the register of driver's licenses, etc.;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

Unfavorable circumstances: The defendant is punished by a fine on three occasions for the same crime.