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(영문) 대구지방법원 2019.01.11 2018고단5148

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2018, at around 05:10, the Defendant driven a car in F Sti-type without obtaining a driver’s license from the front road in Daegu Jung-gu, Daegu-gu, to the front road in the same Gu, with approximately 100 meters alcohol concentration of approximately 0.235%, while under the influence of alcohol, from the road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant was punished on April 2018 for the same crime, the fact that the defendant's blood alcohol concentration is very high, the defendant reflects his blood alcohol concentration, the fact that the defendant is only one previous conviction, the defendant's age, character and conduct, environment, motive and circumstances of the crime, etc., shall be determined as per the disposition, taking into account the records.