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(영문) 대구지방법원 김천지원 2016.10.13 2016고단673
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2016, at around 09:48, the Defendant driven a B-to-pp-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of statutes, such as site photographs;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act of the Order to provide community service and attend lectures has been sentenced to imprisonment with prison labor on several occasions, and there is a record of punishment only once for drinking driving.

In this case, the driver was driving on the road while driving on the road to the extent of locking.

The defendant's responsibility is very heavy and the risk of recidivism seems to be high.

However, in full view of the sentencing conditions shown in the arguments of this case, including the fact that one's mistake is recognized and reflected, and there is no particular criminal record except for the same kind of criminal record, the defendant's age, identification, and support his or her wife, etc., and finally, the defendant's behavior is declared as ordered by giving him or her an opportunity to defend.

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