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(영문) 대구지방법원 2016.08.11 2016고단2195
도로교통법위반(음주운전)등
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 October 25, 2010, the Defendant was sentenced to a summary order of a fine of 7.5 million won for a violation of road traffic laws at the Daejeon District Court, and on October 13, 201, the Defendant violated the prohibition of driving under the influence of alcohol on at least two occasions by being sentenced to a suspended sentence of two years in October 201 for a violation of road traffic laws at the Daejeon District Court.

[Criminal facts] On April 20, 2016, the Defendant driven B K5 cars under the influence of alcohol concentration of about 0.066% without obtaining a driver’s license from a section of approximately 1km from the front of the K-si restaurant to the front of the Korean church, as long as the Defendant was located in the G-si, Gyeong-si, G-si, Gyeong-si, G-si, G-si, G-si, K-si, G-si, K-si, K-si, K-si, K-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history data and application of the Acts and subordinate statutes reporting criminal investigations;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time of punishment imposed by the defendant due to drinking or non-licensed driving, the numerical value of alcohol concentration in the blood at the time of driving the drinking of this case, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various kinds of sentencing factors indicated in the pleadings of this case, such as circumstances after the crime, shall be determined as ordered.

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