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(영문) 대구지방법원 2016.09.22 2016고단3354
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on March 10, 201, has violated the prohibition of driving under the influence of alcohol not less than twice by receiving a summary order of KRW 1.5 million due to a violation of road traffic laws (driving), a summary order of KRW 2 million due to a violation of road traffic laws (driving), at the Daegu District Court on December 30, 201, and at the Daegu District Court on July 25, 201, a fine of KRW 7 million due to a violation of road traffic laws (driving), and at the Daegu District Court on July 25, 2014, a person who has violated the prohibition of driving under the influence of alcohol not less than twice.

[Criminal facts] On July 6, 2016, the Defendant driven a C-do motor vehicle under the influence of alcohol level of about 0.070% in blood alcohol level without obtaining a driver’s license from a section of about 200 meters from a section of approximately 200 meters from the front of an influent restaurant to the front road of the Daegu Jung-gu, Daegu-gu, Daegu-gu, to the end of the 116-gu.

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: Inquiry of criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (verification of the same criminal records as the suspect);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: the defendant committed the last unlicensed driving even though he had a record of being punished several times for the same crime, and committed this crime again for three months.

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