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(영문) 대구지방법원 안동지원 2018.11.09 2018고단544

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

On August 14, 2018, the Defendant, without obtaining a bicycle's bicycle driver's license for a motor device 20:40%, driven from the wind middle school that is in the state of 0.249% alcohol concentration in blood, and is in the state of permanent residence in the state of 0.249%, the Defendant, from the wind middle school that is in the state of fluench in the state of fluench in the state of fluench in the state of fluench in the state of fluench in the state of fluench in the state of fluench, who

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Inquiries about the results of crackdown on the driving of drinking, notification of the results of crackdown on the driving of drinking, and statement of the situation of the driver;

1. The application of the ledger of driver's licenses, inquiry into the attachment of the main office, inquiry into mandatory insurance, report on the occurrence of traffic accidents, survey report on actual condition, and application of statutes to photographs on accident scene;

1. Article 148-2 (2) 1, Article 44 (1) of the relevant Act concerning the facts constituting an offense, Article 154-2 (2) 2, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving), and the punishment for a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 reason for sentencing under Article 62-2 of the Criminal Act committed the instant crime even though the Defendant had served two times a fine due to drinking alcohol or driving without a license.

The defendant's blood alcohol concentration level is very high, and traffic accident occurred due to the crime of this case.

However, the defendant acknowledges his mistake and reflects that he does not repeat again.

In addition to the above punishment history, the defendant has been guilty.