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(영문) 대구지방법원 2015.06.11 2015고단1751
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 August 22, 2013, the Defendant was issued a summary order of KRW 5 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on August 22, 2013, and was issued a summary order of KRW 1.5 million by a fine at the Daegu District Court on August 26, 2013.

At around 20:20 on March 27, 2015, the Defendant driven a Dbe-crated car with a blood alcohol concentration of about 0.134% under the influence of alcohol without obtaining a driver’s license from the place where it is impossible to know the circulation of the Hanyang-gun, Seoyang-gun, Seoyang-gun, Seoyang-gun, Seoyang-gun, the Hanyang-gun, the Hanyang-gun, the Hanyang-gun, the Hanyang-gun, the Hanyang-gun, the Hanyang-gun, the Hanyang-gun, the Hanyang-gun,

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (report on the fact that they are reported at least twice the sound records), each summary order, and application of each statute of judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, even though the defendant had a record of punishment for the same kind of crime, and since he/she had a drinking or non-licenseed driving, the quality of the crime is not weak.

However, this case's drinking and unauthorized driving are driving a short distance to move a vehicle to a safe place in an unexpected emergency, and there are circumstances that can be considered in the circumstances. The defendant's motive, means and result of the crime of this case, circumstances after the crime, the defendant's age, character and behavior, family environment, etc.

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