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(영문) 대구지방법원 서부지원 2016.01.28 2015고단1621
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was issued a summary order of KRW 1.5 million for a crime of road traffic law at the Seo-gu District Court Branch on November 12, 2014. On September 18, 2015, the Defendant was sentenced to a fine of KRW 7 million for a crime of violation of road traffic law (not taking measures after an accident) and a crime of violation of road traffic law (driving) at the Daegu District Court.

【Criminal facts” around 03:50 on September 8, 2015, the Defendant driven a 500-meter Crocketing car at the front side of the Ggu Seo-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-gu Gi-dong, while under the influence of alcohol leveling to 0.096% of the blood alcohol level without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement about the results of crackdown on driving under drinking and the situation of the driver under driving under drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, investigation report (Attachment of a copy of the judgment), investigation report (Attachment of a copy of the summary order of the previous records of the suspect) and statutes;

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

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant was punished for a series of crimes for the same kind of crime, and in particular, when considering the fact that the defendant committed the crime of this case while being tried for the same crime, the responsibility for the crime is very heavy.

However, it appears that the defendant led to confession and reflect in depth, and the degree of the defendant's main behavior (referred to as 0.096% alcohol level in blood) at the time of the crime in this case is relatively minor, there is no record of punishment exceeding a fine, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime.

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