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(영문) 대구지방법원 2016.04.21 2016고단352
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

[criminal history] On February 11, 2009, the Defendant received a summary order of 2.5 million won as a fine for a violation of road traffic law (drinking) at the Daegu District Court, and on March 5, 2014, the Defendant received a summary order of 5 million won as a fine for a violation of road traffic law (drinking) in the same court.

[Criminal facts] On December 26, 2015, the Defendant appears to have written indictment in 200,000,000,000,000,000,000,00,000,000,000,000,000,000,000

From the previous official space to each other, the Gunman City 2, 203, 200 meters wide from the front road of the 200-dong underground parking lot, driving a B low-speed car with alcohol concentration of 0.184% while under the influence of alcohol in blood without obtaining a driver's license.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car without obtaining a driver's license in the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for sentencing favorable to suspension of qualifications or more: The fact that there exists no record of punishment imposed on suspension of qualifications or more severe punishment; the fact that the crime of late and late is reflected in the crime; the fact that a person drives alcohol without a license even though he/she had had the record of punishment three times due to drinking, etc.; the fact that a person drives alcohol without a license while driving alcohol is very high;

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