beta
(영문) 대구지방법원 2016.09.29 2016고단3797

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Daegu District Court, and on September 25, 2015, the Defendant received a summary order of KRW 3 million as a fine for the same crime at the same court.

On August 3, 2016, at around 22:10, the Defendant driven a B Lone Star bus under the influence of alcohol concentration of approximately 0.086% in a section of about 1km from the front side of the Health Center of the Bagdong-gu, Daegu to the front side of the opening road in the Dong-gu, Daegu-gu, Daegu-gu, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and inquiry into the main office;

1. Previous conviction in judgment: Application of a written inquiry, such as criminal history, and of each 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.

The defendant committed the same kind of crime even though he/she had been punished several times as a crime of the same kind, and there has been no time to commit this crime.

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

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.