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(영문) 대구지방법원 2016.08.18 2016고단2697
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 history] On May 6, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and on December 30, 2014, a summary order of KRW 4 million for the same crime, etc. at the Daegu District Court Kimcheon, which was issued by the Defendant at the Daegu District Court on May 6, 2013, and violated Article 44(1) of the Road Traffic Act at least twice.

[2] On May 9, 2016, the Defendant driven B-low XG car under the influence of alcohol content of about 0.111% without obtaining a driver’s license from around 7 km section from the front of a restaurant where the trade name located in the Daegu-gu Office of C-gu, Daegu-gu, is unknown to the front of the management office in front of the Daegu-gu, Daegu-dong, Seoul-dong, to the road.

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 inquiry statements, such as criminal history, and summary order statutes;

1. Article 148-2 (1) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the same Act;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and 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.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

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