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(영문) 대구지방법원 김천지원 2015.03.19 2015고단57

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 December 19, 2014, at around 17:59, the Defendant driven a vehicle of hurburged C with a blood alcohol concentration of 0.198% under the influence of alcohol without the driver’s license, from approximately one kilometer to the road before the mother police box located in the same way as the Defendant’s house located in Kimcheon-si B, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of the Acts and subordinate statutes to the Motor Vehicle Accident Report, report on the occurrence of traffic accidents, report on the state of driver's license, photographs, actual condition survey report, and the Motor Vehicle

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the interval between the point of final punishment due to the same type of crime is short, the level of drinking is very severe, and the accident due to the central line is caused by the accident, etc., it shall be punished strictly. However, the accident is a minor contact accident, and the victim does not want the punishment. The vehicle that the judgment was made after the crime appears to have scrapped, the confession of the crime and the violation of depth, etc. are considered);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;