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(영문) 대구지방법원 2018.10.25 2018고단3314

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2018, at around 17:00, the Defendant driven B Poter cargo vehicles while under the influence of alcohol content of 0.156% while under the influence of alcohol without obtaining a driver's license in the section of approximately 500m of the Saemaeul-ro, the Saemaeul-ro, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

1. Statement of the circumstances of the driver involved in driving;

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

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

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

1. The sentencing conditions, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under the grounds for the selective sentencing of imprisonment, shall be determined in the same manner as the order, taking into account the following circumstances:

- The recognition and reflection of each of the crimes of this case during the period of suspension of execution due to the crime of violating the Road Traffic Act (refluence of drinking), which has been sentenced to a fine once for the crime of violating the Road Traffic Act (refluence of drinking), and four times of a fine for the crime of violating the Road Traffic Act (refluence of drinking);