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(영문) 대구지방법원 2016.06.23 2016고단1614
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

【Criminal Force】 On November 10, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic laws at the Daegu District Court on the grounds of a violation of road traffic laws. On January 9, 2015, the Defendant was sentenced to a fine of 3 million won for a crime of violating road traffic laws at the Daegu District Court on the ground of a violation of road traffic laws.

【Criminal facts】 On March 20, 2016, the Defendant driven B Poter cargo without a driver’s license while under the influence of alcohol content of about 500 meters from the front of a mutually influorous restaurant in Daegu-gu, Daegu-gu to the front day of the same Nye-distance in the same Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, investigation reporting statutes, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time when the defendant was punished for driving alcohol (two times a fine in 2008 and 2015), the numerical value of alcohol concentration in blood at the time of driving alcohol in the instant case, and other factors indicated in the pleadings in the instant case, such as the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered by considering the following factors.

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