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(영문) 대전지방법원 2018.01.09 2017고단3891

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 17, 2017, the Defendant driven a DK5 car under the influence of alcohol content of about 0.172% while under the influence of alcohol without obtaining a driver’s license from around 50 meters to around the roads near Daejeon-dong B, Daejeon-gu to C apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Application of Acts and subordinate statutes entered in 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content in the blood of this case, the driving of drinking in 201, the driving of drinking in 201, the driving of drinking in 2017, and the history of fines, etc. shall be taken into account.