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(영문) 대구지방법원 2017.04.25 2017고단1533
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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] The Defendant, at the Daegu District Court on July 31, 2014, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving), and on December 29, 2014, a person who received a summary order of KRW 4 million for a crime of violating the Road Traffic Act from the same court on at least two occasions.

[Criminal facts] On March 23, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.054% while under the influence of alcohol without obtaining a driver’s license from the front of a mnive restaurant in the new-dong, Daegu-gu, Daegu-gu to the front of the new-dong, to around 2km in the same Gu, and without obtaining a driver’s license.

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 each one of the Acts and subordinate statutes, such as a reply to inquiry, summary order, etc., such as criminal 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. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of 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.

In favorable circumstances: The number of alcohol concentration among the blood of the defendant was too minor in the punishment standards.

The defendant again does not commit the same crime.

There are many things.

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