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(영문) 대구지방법원 2015.04.16 2015고단357
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant was sentenced to a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Daegu District Court on April 7, 2010, and was sentenced to a fine of 4 million won for the same crime in the same court on June 27, 2013, and on December 24, 2014, the same court was sentenced to a summary order of 4 million won for the same crime, and on January 1, 2015, sentenced to a suspended sentence of 2 years for a crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) and sentenced to a suspended sentence of 3 years for the same court on January 1, 2015

(Criminal Facts of Crimes) On October 1, 2014, at around 23:10, the Defendant driven a C Ecoo motor vehicle under the influence of alcohol with approximately 4km alcohol content 0.170% while under the influence of alcohol without obtaining a driver's license from the front of the Defendant's residence in Busan City, to the road in front of the same city 51 high-speed road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A written report and circumstantial statement of an employer-employed driver;

1. The driver's license ledger;

1. Previous records of judgment: Four copies of the judgment, one copy of the judgment, and one copy of the case inquiry council; and

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 latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. The reasons for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. include many kinds of records on the defendant, and the defendant again committed the instant crime while the license was revoked. However, the defendant's late and reflects his mistake, and the defendant's age, character and behavior at the same time as the latter concurrent crimes under Article 37 of the Criminal Act, equity in the case of judgment at the same time, and other defendant's age, character and behavior, and motive for the instant crime.

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