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(영문) 대전지방법원 논산지원 2018.07.03 2018고단106

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2018, at around 16:55, the Defendant driven a Calopian car under the influence of alcohol content of about 0.084% without obtaining a driver’s license from the front day of the road, which is located in the Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si’s movable property, from the front day of the road of 167-km to the front day of the 167-day church.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation (not later than a fine for drinking alcohol driving within 10 years and once); (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s disposal of the vehicle while making the Defendant not to repeat the crime; and (d) the Defendant’s age and environment and other various circumstances that form the sentencing