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(영문) 대구지방법원 서부지원 2015.10.08 2015고단1295
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On March 18, 2013, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seo-gu District Court’s Branch Branch, and on January 26, 2015, the Defendant was punished for drinking driving three times by being notified of a summary order of KRW 2.5 million for the same crime at the same court on January 26, 2015.

【Criminal Facts of Crimes】 On July 20, 2015, the Defendant driven a C-coo vehicle under the influence of alcohol leveling 0.05% without a vehicle driver’s license at approximately 4km section from the front road of the C-coo vehicle located in the C-coo-Eup of the Daegu-gu, Daegu-gu, to the front road of the C-coo elementary school located in the same month and Seodong-gu.

Therefore, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, the Defendant again driven a motor vehicle without obtaining a driver's license in the state of drunk in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The driver's license ledger;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate 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. 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 (The following extenuating circumstances among the reasons for sentencing);

1. Although the reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order had the record of being sentenced to a fine twice due to drinking driving, the crime of this case is very heavy in that the defendant committed the crime of this case.

However, the defendant led to the confession of each of the crimes in this case and reflects the depth of the defendant, disposing of the vehicle possessed by the defendant and does not repeat again, and the defendant does not repeat again.

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