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(영문) 대구지방법원 2016.08.11 2016고단2137
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 October 20, 201, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, by receiving a summary order of a fine of two million won for a crime of violating road traffic laws at the Daegu District Court on March 20, 201, and a fine of two million won for a crime of violating road traffic laws at the Daegu District Court on January 26, 201.

[Criminal facts] On April 30, 2016, the Defendant driven B 200 automobiles under the influence of alcohol level of 0.072% while under the influence of alcohol level of 0.072%, without obtaining a driver’s license from the front of the studio in the Daegu Suwon-gu, Daegu-dong to the front road of the Gayangyang-dong, Daegu-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of regulating drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history data and application of the Acts and subordinate statutes reporting criminal investigations;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the frequency and time of punishment imposed by the defendant due to drinking or non-licensed driving, the numerical value of alcohol concentration in the blood at the time of driving the drinking of this case, the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and other various kinds of sentencing factors indicated in the pleadings of this case, such as circumstances after the crime, shall be determined as ordered.

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