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(영문) 대구지방법원 의성지원 2013.03.28 2013고단26
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

On May 3, 2011, the Defendant received a summary order of two million won or more for a crime of violating the Road Traffic Act from the Daegu District Court on May 3, 201, and a summary order of five million won or more for the same crime in the same court on May 26, 201.

On January 31, 2013, the Defendant, without obtaining a driver’s license at around 19:50 on January 31, 2013, driven a B-hand vehicle from around 1km to the resignation distance on the national highways of No. 5 in 20:02 on the same day from the economic business place of the Gun-In-Ground, the Gun-In-Gun Eup located in the organization of the Gyeong-Gun-In-Gun-In-Ground-In-Gun-In-Ground-In-Gun-In

Accordingly, even though the Defendant had a driving force twice or more, the Defendant was driving under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, and summary orders (as soon as 6081 high-class court records, 7591) shall apply to statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times for drinking driving in the past even though he was punished for the past, and the reason for the revision of the Road Traffic Act that strengthened the punishment for drinking driving, etc., it is inevitable for the defendant to punish the defendant.

However, the fact that the defendant has recognized his mistake and is in depth against his will, the age, family relationship, and other defendants.

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