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(영문) 대구지방법원 2016.05.12 2016고단579
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2006, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon Branch on August 30, 2006, and a fine of KRW 5 million for the same crime, etc. at the Daegu District Court on December 4, 2013.

On February 4, 2016, the Defendant driven a B rocketing car under the influence of alcohol content of about 10 K 0.10% in a section of about 10 K from the front line of a mutually influent restaurant in the middle of the Gyeongdong-gu, Gyeongbuk-gun, Gyeongbuk-gun, to the front line of the small park in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report on the binding of copies of the previous and 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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after 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 crime.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

In addition to the previous convictions, the defendant has no criminal history.

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