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(영문) 대구지방법원 안동지원 2014.07.11 2014고단126
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 March 13, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court's Support on the same day. On November 8, 2012, the same court was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of seven million won for a violation of the Road Traffic Act (driving) in the same court on May 23, 2013.

【Criminal Facts】

On February 17, 2014, at around 22:25, the Defendant driven a clater vehicle under the influence of alcohol level of about 0.077% without obtaining a driver’s license from the 1km section from the front of the Mancheon-dong, which is located in the same permanent residence, to the Hancheon-dong in the same permanent residence.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Judgment division: Application of criminal history records, investigation reports (attached to previous records and copies of summary orders) and Acts and subordinate statutes;

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had the history of the same kind of crime several times, and the defendant was to drive a license without drinking. However, the liability for the crime cannot be deemed to be less and less, but the defendant appears to recognize his mistake and reflect his attitude, and has no record of crime beyond imprisonment without prison labor or heavier, and the defendant selected a suspended sentence.

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