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(영문) 대구지방법원 2016.11.10 2016고단4522
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 February 6, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) by the Daegu District Court. On August 22, 2013, the Defendant was notified of a fine of KRW 4 million for the same crime in the same court. On December 7, 2011, the Defendant was notified of a fine of KRW 2 million for the same crime.

【Criminal Facts】

On September 1, 2016, the Defendant, who violated Article 44(1) of the Road Traffic Act more than twice, driven a Bloper vehicle while under the influence of alcohol of about 0.146% without obtaining a driver's license in the section of about 1km from the front of the lowest four-lane cafeteria located in the new village of the Donsan-si (Gyeong-dong) in the front of the Donsan-si (Gyeong-dong) to the front of the Dondo cafeteria, in the same situation.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. A ruling division: Application of three copy of the Act and subordinate statutes, such as criminal records, reply reports, and written judgments;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as follows.

Unfavorable circumstances: The defendant has been punished several times for the same kind of crime in the past, and the above punishment records include the suspended sentence sentenced in around 2014, but also committed this case.

A favorable condition: The defendant shall again commit the same kind of crime.

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