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(영문) 대구지방법원 2014.10.23 2014고단3715
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On August 27, 2008, the Defendant received a summary order of KRW 1 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and KRW 3.5 million from the Daegu District Court on November 12, 2008 to a fine for the same crime.

【Criminal Facts】

On June 30, 2014, at around 02:20, the Defendant driven a DNA car under the influence of alcohol of 0.110% with blood alcohol content without obtaining a driver’s license from the Do in front of the frequency of “C” in Daegu Dong-gu, Daegu to the front road of the same Dong-dong, Dong-dong from the same Do to the front road of the same Dong-dong, Dong-dong.

After all, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. A driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (attached to the same criminal records and summary orders) Acts and subordinate statutes;

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

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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished several times as drinking or unlicensed driving; and (b) the Defendant again committed the instant crime while his/her license was revoked; (c) the Defendant’s mistake is divided and reflected; (d) the Defendant has no criminal record of suspended execution or more; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) other various sentencing conditions as indicated in the instant case, including the circumstances after the instant crime, etc.

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