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(영문) 대구지방법원 서부지원 2018.06.20 2017고단2427

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

On August 16, 2017, at around 00:59, the Defendant driven BM5 car under the influence of alcohol concentration of about 0.142% in blood without obtaining a driver’s license from around the 1km village in the middle sea of the west Sea which is located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the front road of the 47 km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant, even though he had the history of criminal punishment for the same kind of crime over several occasions, has taken advantage of his driving without a driver's license, drinking level is very high. Meanwhile, the defendant's time to commit the crime of this case, there is no record of crime exceeding a fine, and other various circumstances shown in the arguments of this case.