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(영문) 대구지방법원 2016.09.22 2016고단3661
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 1.5 million from the Daegu District Court on July 31, 2008 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (dacting driving), and by receiving a summary order of KRW 5 million from the Daegu District Court on October 24, 2014 to a fine of KRW 5 million for the same crime on more than two occasions.

On July 26, 2016, the Defendant, at around 21:10, driven a Bgel to Bgel under the influence of alcohol concentration of 0.092%, without obtaining a driver’s license from the front side of the Inter-Eup/Myeon Office located in the Pgelan Eup/Myeon in the Gandong-gu, Gandong-gu, Gandong-gun to the front side of “one day-to-day screen golf” located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (formers and attachment thereto) and other Acts and subordinate statutes, such as criminal history;

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

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.

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