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(영문) 대구지방법원 2016.05.12 2016고단508
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 July 1, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of traffic law at the port support of the Daegu District Court in Daegu District Court on July 1, 2010, and on July 15, 2010, the Defendant was sentenced to a summary order of a fine of two million won for the same crime in the same court on July 15, 201, and was punished six times for a violation of the Road Traffic Act (driving).

[2] On January 14, 2016, the Defendant, who was punished as a crime of violating the Road Traffic Act (drinking) more than twice, was driving a 300-meter Bone Star Cargo on the front side of the indoor packing vehicle in Daegu mid-gu lurg in the state of under the influence of alcohol of 0.14% at around 21:42 on January 14, 2016, from the front side of the indoor packing vehicle in Daegu mid-gu lurg in the same direction to the fourth road in the same direction of 197 East-ro 197.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Details of disposition on cancellation of driver's license;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of investigation reporting statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The defendant driving alcohol under the influence of drinking or unlicensed driving, or under the influence of a suspended sentence of imprisonment, regardless of the name of several times, regardless of the fact that the defendant was sentenced to a fine due to drinking or unlicensed driving, the amount of alcohol concentration in blood at the time of driving of the instant drinking, is considerably high : favorable circumstances: the defendant reflects the crime of late drinking, and there is no record of punishment after 201 - The defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are shown in the arguments of the instant case.

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