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(영문) 대구지방법원 2015.11.12 2015고단4650
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2013, the Defendant was issued a summary order of a fine of eight million won at the Daegu District Court due to a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving), and on October 31, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime at the same court on November 8, 2013, and the judgment became final and conclusive on November 8, 2013.

On September 6, 2015, the Defendant was under the influence of 0.073% of blood alcohol concentration without a driver’s license of a vehicle on September 22, 2015, and the Defendant driven three kilometers of CF cars owned by the wife to the front of the leap third apartment located in the leapth of the leapth of the leapth of the leapth in the middle of the leapth of the leapth in the middle of the leapth of the leapth of the le

Summary of Evidence

1. Defendant's legal statement;

1. Notification of circumstantial reports and control results;

1. License register;

1. Previous records: Application of Acts and subordinate statutes to the previous records of disposition, previous records of confirmation, results of investigation, report on investigation (report attached to the previous records, written judgments and summary order);

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;

1. Probation, attending lectures, Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on Probation, etc. provides that considering the criminal records of the defendant as well as the criminal records of the same kind of crime, during the period of probation, the criminal liability of the defendant is not exceptionally imposed, but the defendant's criminal liability is too late and against the defendant's misunderstanding, and the motive, circumstance, means and method of the crime in this case, circumstances before and after the crime in this case, and other various circumstances such as the defendant's age, character, behavior, career, environment, etc. as shown in the arguments in this case, the execution of punishment is suspended only once, and the sentence is determined as ordered.

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