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(영문) 대구지방법원 의성지원 2016.03.24 2016고단4

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 August 7, 2007, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws (drinking driving) in the Daegu District Court’s Sung Branch on August 7, 2007. On January 20, 201, the Defendant was sentenced to a suspended sentence of two years for the same crime in the same court on August 20, 201, and was sentenced to a fine of 6 million won for the same crime in the same court on August 13, 2015.

On December 28, 2015, the Defendant driven B cargo under the influence of alcohol level of 0.086% in the blood alcohol level without obtaining a driver’s license from approximately 2 km section to about 30 km in the middle of the Sung-gun, Sung-gun, Sung-gun, Kim Jong-gun, the 19:00, around 19:00 and around 19:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, replys to inquiries, previous convictions and application of Acts and subordinate statutes;

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

1. The Defendant committed the instant crime even though he/she was punished on the grounds of protection and observation, community service, and attendance order Article 62-2 of the Criminal Act - The Defendant committed the instant crime, despite having been continuously punished on the grounds of the same crime, on the one hand, twice a suspended sentence, and six times a fine.

The defendant recognizes his mistake as a whole. - The defendant reflects his mistake.

In addition, in consideration of all the sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined.