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(영문) 대구지방법원 2016.12.22 2016고단5444
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 14, 2015, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

In addition, on December 7, 2007, the defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act in the same court, and on January 13, 201, the defendant was sentenced to a suspended sentence of two years for the same crime in the same court on October, 201 and was sentenced to a suspended sentence of two or more times.

【Criminal Facts】

On August 21, 2016, the Defendant, without obtaining a driver's license on August 18, 2015, driven a Cspoon car at a section of approximately 500 meters from the front of the Haakdong Dondong Dondong Dondong Dondong Dondong Dondong Dondong, to the front of the same Dondong Dondong Dondong Dondong Dondong Dondong Dondong Don

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of driving drivers, and the register of driver's licenses;

1. Before and after ruling: Criminal history records, reply reports, and application of two copies of written judgments to 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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, among others, the following circumstances: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relationship, family relationship, home environment, motive and means of the crime; and (b) the sentence as ordered.

Unfavorable circumstances: Although the defendant had been punished several times for the same crime, the defendant committed this crime again during the period of suspension of execution due to the same crime.

The defendant's blood alcohol concentration is very high.

The defendant would not commit the same kind of crime again.

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