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(영문) 대구지방법원 서부지원 2016.05.13 2016고단71
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 11, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of road traffic laws at the Daegu District Court on December 11, 201, and on December 11, 2014, the Defendant was sentenced to a suspended sentence of two years for a term of imprisonment for a violation of road traffic laws at the Daegu District Court on December 11, 201, and is currently under the suspended sentence of two years.

On November 6, 2015, the Defendant, without obtaining a bicycle driver’s license for a motor device and a bicycle driver’s license for around 22:40% of alcohol content in blood, operated CBEAV motor bicycle over a section of approximately 500 meters near the home plug, located in 1821, as in the Seo-gu, Seogu, Daegu, Seo-gu, in the influence of alcohol content 0.130%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (the latest previous convictions) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a non-licensed motor vehicle or bicycle);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment are physical disability Grade III, and the defendant is a recipient under the National Basic Living Security Act, and supports the mother and child of the aged, and even if considering the motive, circumstance, etc. of the instant crime, recidivism during the period of suspension of execution, even if considering the motive, circumstance, etc. of the instant crime, the defendant is selected to be sentenced to imprisonment.

However, in consideration of the circumstances seen earlier, the Defendant’s age, sex, environment, etc., the punishment shall be determined to the extent that the amount of punishment is mitigated, taking into account the conditions of various sentencing specified in the instant case.

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