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(영문) 대구지방법원 안동지원 2015.12.04 2015고단654
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 power] On September 9, 201, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act in the Daegu District Court’s support on the same day, and a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act in the Daegu District Court’s support on April 29, 2015, respectively.

【Criminal Facts】

Although the Defendant had a history of drinking twice or more as above, on September 24, 2015, the Defendant driven a Cmotor bicycle with an engine displacement of about 110cc under the influence of alcohol 0.242% without a vehicle driver’s license from the front package of the drinking bath near the drinking bath in the Dong-dong-dong-dong-dong to the front of the Jeju 2 apartment commercial building located in the same city-dong-dong-dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of running sound, the choice of imprisonment), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving Lao without a license, the selection of fines);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include two times the past records of punishment for drinking driving under the influence of alcohol, and, at the same time, the defendant's act of driving under the influence of alcohol in this case has a significant degree of alcohol content while driving under the influence of alcohol in this case, circumstances favorable to the defendant's confession and reflects of the crime in this case, and other circumstances that are favorable to the defendant's age, character, conduct and environment, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleadings

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