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(영문) 대구지방법원 2016.08.25 2016고단2216
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

On June 28, 2010, the Defendant violated Article 44(1) of the Road Traffic Act at the Daegu District Court (Seoul District Court) by issuing a summary order of KRW 4 million due to a crime of violating the Road Traffic Act, and on April 18, 2014, the same court issued a summary order of KRW 7 million due to a fine due to the same crime, etc. on more than three occasions, as well as by issuing a summary order of KRW 7 million due to the same crime, etc.

On May 5, 2016, the Defendant, at around 01:15, driven B-low-income cars under the influence of alcohol concentration of 0.170% while under the influence of alcohol level of 0.170% from the front day of gallonal road in the Sinsi-si, Sinsi-si, to the Gulambol located in the same Sinsi-dong.

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 inquiries, such as criminal history, replys to inquiries, and application of Part III Acts and subordinate statutes;

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 crime of this case even though he had been punished several times due to the same kind of crime in the past.

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

There are many things.

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