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(영문) 대구지방법원 2016.09.22 2016고단3186
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

On May 23, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 4 million for a crime of violating the Road Traffic Act, and on March 11, 2016, the same court issued a summary order of KRW 6 million for the same crime, etc. on at least two occasions.

On June 16, 2016, the Defendant driven a DNA driver’s license in a section of about 100 meters from the front side of the Sungdong-gu, Daegu-gu to the front side of the Mademing Hospital in the same Dong, without obtaining a driver’s license, and driving a DNA driver’s license under the influence of alcohol concentration of 0.076% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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: Although the defendant had been punished several times for the same crime, the defendant has not been punished for the same crime, and there has been no time to commit this crime.

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

There are many things.

The alcohol concentration of the defendant's blood is less than 0.1%.

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