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(영문) 대구지방법원 서부지원 2017.08.24 2017고단676

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 March 11, 2017, around 18:35, the Defendant driven B Poter truck under the influence of alcohol content of about 0.139% without a vehicle driver’s license, from the front of the “a pair restaurant,” located in the area of the Eup located in the area of the Dong-gu, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, Gan-gun, who is under the influence of alcohol content of 0.139% without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification of the results of regulating the driving of alcohol, six copies of black stuffs image photographs, application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the 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 Act is that the defendant committed the same kind of crime in spite of the fact that he/she had been punished several times due to drinking driving or non-licensed driving, and that drinking is not low is disadvantageous to the defendant, and that the defendant is in depth against the defendant. The circumstances are favorable to the defendant.

In addition to this point, in consideration of various circumstances, such as the age, sex, intelligence and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, the sentence like the order shall be determined.