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(영문) 대구지방법원 2015.06.02 2015고단1212
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 22, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Daegu District Court, which became final and conclusive on May 30, 2014, and was sentenced to a summary order of two million won for a crime of violation of the Road Traffic Act at the Daegu District Court on March 6, 2009. On June 13, 2012, the Defendant was sentenced to a fine of four million won or more for the same crime.

【Criminal Facts】

On November 29, 2014, at around 04:15, the Defendant driven CMF5 car under the influence of alcohol content of about 0.187% without obtaining a driver’s license from a section of approximately 2km from the front of a cafeteria in front of a mutually influent restaurant in the name of the Pacific-gun, Pacific-gun, Pacific-do to the increase in Taekwondo road in the middle of the same military medicine of the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. The driver's license ledger;

1. Previous convictions: Application of a copy of judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant was punished several times for a violation of the Road Traffic Act, and the defendant was found to have caused contact when driving without a license in the state of being under the suspension of execution due to the violation of the Road Traffic Act, and six months only after driving without a license, and it is inevitable to sentence.

However, the defendant is too late and against his mistake, and the motive, background, means and methods of the crime of this case, the circumstances before and after the crime of this case, and the age, character and behavior of the defendant as shown in the argument of this case.

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