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(영문) 대구지방법원 2016.03.24 2015고단6450
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On May 3, 2010, the Defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Daegu District Court on May 3, 201, and on November 24, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving).

[2] On September 13, 2015, the Defendant driven D knife a knife vehicle from the front apartment lot in front of the Modong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (a copy of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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. The fact that the Defendant again committed the instant crime even though he/she had a number of criminal records, including the fact that the Defendant’s reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture had a number of offenses committed by the same kind of crime not exceeding four times, is disadvantageous to the Defendant. However, on November 24, 201, the fact that the Defendant was punished by drinking on a considerable period after being punished by drinking, and that the blood alcohol concentration in the blood was relatively low, and the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime is relatively low, and the punishment as ordered is determined by comprehensively taking account of various sentencing conditions prescribed in Article 5

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