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(영문) 대구지방법원 2016.05.12 2016고단918
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 1, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two or more occasions as a person who received a summary order of KRW 2 million due to a violation of road traffic laws at the Daegu District Court on March 13, 2015, and a fine of KRW 5 million due to a violation of road traffic laws at the Daegu District Court on March 13, 2015.

[2] On December 22, 2015, the Defendant driven a Bsch Rexton car without obtaining a driver’s license from the front side of the orchard, where it is difficult to find out whether the alcohol content 0.127% of the blood alcohol content among the blood transfusion is 0.127%, and where it is difficult for the Defendant to find out whether it is located in the Yongcheon-si Ho-si Hoho-si Ho-si, Jin-si, Jin-si, Jin-si, to the Daegu 3km-si road located additionally in the Jin-si, Jin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notice of the results of drinking control and the correction thereof;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. Although the liability for the crime of this case is not denied in that the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, committed again the crime of this case even though he had been punished several times due to drinking driving, the defendant's confession of the crime of this case and reflects his mistake, the defendant has no criminal record of probation or higher, the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, and other circumstances, which form the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime of this case, shall be determined as ordered,

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