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(영문) 대구지방법원 포항지원 2019.05.09 2019고단142

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:00 on January 19, 2019, the Defendant driven a DNA rocketing car with a blood alcohol concentration of about 0.166% while under the influence of alcohol without obtaining a driver's license from the Do in front of the C Hospital located in the Northern-gu, Mapo-gu, Mapo-gu, Mapo-dong to the 1.5 kilometer distance at the port from the Do in the north-gu, Mapo-gu, Mapo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 a sentence of imprisonment with prison labor as a matter of course [the second crime in this case was committed even though the person was punished as a fine for drinking driving in 2018];

1. Article 62 (1) of the Criminal Act on the Suspension of Execution [Considerations, Considerations, the fact that traffic accidents have not occurred due to the operation of this case, and the fact that there is no power sentenced to imprisonment for a minor, etc.];

1. Order to attend lectures under Article 62-2 of the Criminal Act;