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(영문) 대구지방법원 2019.03.28 2018고단5150

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 October 21, 2018, around 00:03, the Defendant driven a DNA-learning car under the influence of alcohol 0.102% without obtaining a driver’s license from around 400 meters in a section of approximately 400 meters in front of the frequency Do in which it is impossible to identify the trade name in the Southern-gu Busan metropolitan area.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions of the defendant's age, occupation, character and conduct, family relationship, circumstances before and after the crime, etc., under Article 62-2 (1) of the Criminal Act, shall be determined by comprehensively taking into account the following circumstances:

- The recognition and reflection of the crime of this case during the period of suspension of execution due to the violation of the Electronic Financial Transactions Act - the possibility of criticism that the crime of this case is committed, again, will not drink or drive without a license.