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(영문) 대구지방법원 2016.10.27 2016고단4135
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 26, 2013, the Defendant was notified of a fine of KRW 7 million for a violation of the Road Traffic Act at the Daegu District Court on August 26, 201, and was notified of a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daegu District Court on November 20, 2008.

【Criminal Facts】

On August 22, 2016, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, and driven a BESSAGE motor vehicle under the influence of alcohol by 0.192% without obtaining a motorcycle driver’s license from the front side of each protruding-dong, Daegu-dong, Daegu-dong, to the front side of the Sungdong-dong, Daegu-dong, Busan-dong, to the front side of the Sungdong-dong, Daegu-dong 183.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Judgment division: Criminal history records, reply reports, and application of Acts and subordinate statutes of Part II of the 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 2 of Article 154 and Article 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as follows.

Unfavorable circumstances: The defendant committed the crime of this case even though he had a record of punishment several times for the same crime.

The defendant's blood alcohol concentration is very high.

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

The Defendant driven a relatively low-risk motor bicycle.

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