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(영문) 대구지방법원 2016.04.21 2016고단360

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On May 20, 2009, the Defendant was issued a summary order of 500,000 won of a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court, and on May 24, 2012, the Defendant was issued a summary order of 5 million won of a fine by the same court due to a violation of the Road Traffic Act (driving).

[2] On January 6, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 23:25, driving a BV125 Orala in the section of approximately 500 meters from the front of a mix in the new Sincheon-dong, Daegu-dong, Daegu-dong, to the front of a mix in the mutual influence of 0.111% of alcohol in blood, and driving a mV125 Orala while under the influence of alcohol in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a copy of summary order of the same criminal record as the suspect), statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor for species;

1. The reasons for sentencing under Articles 53 and 55(1)6 of the Criminal Act include the following: (a) the Defendant driven Oral Sea under the influence of drinking alcohol even though he/she had been subject to punishment twice due to driving alcohol; (b) the Defendant committed the instant crime during the suspended execution period after being sentenced to a suspended sentence of two years on September 12, 2014; and (c) the Defendant committed the instant crime during the suspended execution period of two years after being sentenced to a suspended sentence of two years on September 12, 2014; and (d) the Defendant’s age, sexual behavior, environment, means and consequence of the instant trial process, including the circumstances after the commission of the crime.