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(영문) 대구지방법원 김천지원 2017.10.25 2017고단1144

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 14, 2017, the Defendant driven B K7 automobiles without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.219% from the section of approximately 1km from the front of the opening of the project in the Jingu-si, Sim-si to the next underground parking lot of approximately 702, Dong-gu, Sim-dong from August 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an accident scene photograph;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of statutes on the ledger of driver's licenses and the details of revocation of driver's licenses;

1. Article 148-2 (2) 1 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. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the suspended sentence under the Criminal Act is that the Defendant would not repeat the crime of this case at the same time while his/her license was revoked due to drinking, and that his/her alcohol content in blood is very high to 0.219%, etc., due to unfavorable circumstances, the Defendant would not repeat the crime, such as recognizing the error of the Defendant and disposing of the vehicle.

The following facts are considered in light of favorable circumstances: (a) the Defendant was subject to a fine once due to a violation of the Road Traffic Act (drinking driving), and the Defendant was not subject to a fine once; and (b) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) the various sentencing conditions as indicated in the records and arguments, such as the circumstances after the instant crime, shall be determined as ordered by taking into account the following factors.