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(영문) 대구지방법원 2017.11.23 2016고단4442
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 27, 2006, the Defendant was sentenced to a fine of one million won due to a crime of violating road traffic laws (drinking) at the Daegu District Court, and on December 16, 201, the Defendant was issued a summary order of two million won by the same court as a crime of violating road traffic laws (drinking).

[2] The Defendant, as seen above, was a person who had a drinking alcohol driving force twice or more, driven a BWD car under the influence of alcohol concentration of about 1km in the blood alcohol concentration of about 0.088% without obtaining a driver’s license from the front side of the large-name market located in the Southern-gu Daegu-gu, Daegu-gu, on September 5, 2016 to the front side of the same Gu-ro 272, in the same direction, from the front side of the large name market located in the same Gu-gu, Nam-gu, Daegu-gu, Daegu-gu, and the transmission volume of which is about 1k-ro 27

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation, text of judgment, and summary order-making statute;

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. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are the number of times and time when the defendant was punished for the same kind of crime, the concentration of alcohol in blood at the time of driving the drinking of this case, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and other various sentencing factors specified in the arguments of this case, including the defendant's age, sexual behavior, environment, motive and circumstance after the crime, etc.,

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