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(영문) 대구지방법원 2016.03.31 2016고단232
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

[Power of crime] On September 6, 2006, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Busan District Court, and on February 1, 2007, the same court was sentenced to a suspended sentence of two years for four months for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving).

[Criminal facts] On November 14, 2015, the Defendant driven the CMF5 vehicle owned by himself/herself in front of the 2166-44, in a state of alcohol level of 0.061% in blood alcohol level without a vehicle driver’s license, and driving the CMF5 vehicle at a level of 150 meters in front of the 2166-44, in front of the Defendant’s dwelling place located in Yongcheon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of drivers and the ledger of driver's licenses of motor vehicles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and copy of the summary order);

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 the instant case, such as the age, sex, family, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined in full view of 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.

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