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(영문) 대구지방법원 2016.02.16 2015고단6390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 15, 201, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violating road traffic laws at the Daegu District Court on February 15, 201, and two years of suspension of the execution of eight months of imprisonment with prison labor for a crime of violating road traffic laws (dacting driving) at the same court on October 2, 201, and the judgment becomes final and conclusive on October 11, 201 and is currently in the grace period.

[2] On December 17, 2015, the Defendant was under the influence of alcohol content of 0.103% in blood without a vehicle driver’s license on December 17, 2015. The Defendant driven the B Poter freight vehicle owned by the Defendant to the front of the Pyeong middle school located in the same Ri located in the middle of the same mix in the middle school located in the middle of the non-cafeteria of the trade name in the middle school located in the middle of the Gyeongdong-gun, Gyeongdong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, a report on confirmation of previous convictions on disposition, and an investigation report (attached report, such as a copy of the previous and summary order);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant had been punished several times due to driving under drinking, etc. (six times a punishment, six times a suspended sentence, two times a suspended sentence), but he did not know himself during the suspended sentence period and did not drive the pertinent drinking or non-licensed driving, so it is inevitable to punish him corresponding thereto.

However, the punishment is determined as ordered by taking into account the following factors: the defendant is led to the confession of a crime, the age, sex, intelligence and environment of the defendant, the motive, means and consequence of the crime, and the circumstances after the crime, etc.

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