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(영문) 대구지방법원 안동지원 2016.05.20 2016고단161

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 history] On February 24, 2011, the Defendant was sentenced to a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (drinking) in the Daegu District Court’s support on February 24, 201, and was sentenced to a fine of KRW 4.5 million for the same crime in the same court on June 27, 2014.

[2] On March 21, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on March 21, 2016, driven a CBa motor vehicle at the section of approximately 300 meters from the roads near the permanent residence of a permanent resident in the same city to the permanent residence of a permanent resident in the state of alcohol level of 0.080%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification of 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, investigation report (Attachment to the same type of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The main sentence of Article 62 (1) of the Criminal Act (the following extenuating circumstances in favor of the reasons for sentencing);

1. In light of the fact that the Defendant committed the crime of drinking and driving without a license, as in the instant case, even though he had the history of driving alcohol three times of sentencing under Article 62-2 of the Criminal Act, and committed the instant crime repeatedly and repeatedly in a relatively short period, it is inevitable to severely punish the Defendant.

However, the fact that the defendant recognized the crime of this case and reflects the fact that the defendant has no record of the same punishment exceeding the fine, etc. shall be considered as favorable to the defendant, and the age, environment, sex, and crime of the defendant are committed.