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(영문) 대구지방법원 서부지원 2016.06.10 2016고단327
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seo-gu District Court Branch on August 20, 2007, and a summary order of KRW 2 million for the same crime at the same court on September 22, 2011, respectively.

[2] On February 15, 2016, the Defendant driven a B-L motor vehicle without a driver’s license under the influence of alcohol content of about 0.086% at approximately 2 km from the front of the “two seawater water bath” in the Daegu Seo-gu, Daegu-gu, Daegu-gu, to the front road of an apartment complex, with approximately 2km water supply at approximately 0.086% in blood alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement about the results of crackdown on driving under drinking and the situation of the driver under driving under drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (verification of drinking driving history);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The fact that the reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order have the record of being punished by the defendant due to drinking or non-licensed driving is unfavorable to the defendant, or that the defendant led to each of the crimes of this case, the defendant's confession of each of the crimes of this case, the alcohol concentration in blood is relatively high, the traffic accident is not caused, and the defendant's age, sexual behavior, environment, etc. are considered and all of the other circumstances constituting the conditions for sentencing specified in the arguments of this case including the defendant

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