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(영문) 대구지방법원 영덕지원 2016.07.22 2016고단101

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 May 16, 2016, at around 20:20, the Defendant driven Cone Star Cargo with about 0.147% alcohol concentration while under the influence of alcohol without obtaining a driver’s license from around 10 kn't from the front of the Gannam Office located in 10,000,000,000, 10,000,000,000,000,000,000.

Summary of Evidence

Article 148-2(2)2, Article 44(1) of the Road Traffic Act (in the case of driving under drinking), Articles 152 subparag. 1, 43 of the Road Traffic Act (in the case of driving under drinking), Articles 40 and 50 of the Criminal Act (in the case of driving without a license) of the same Act on the grounds that the defendant's legal statement statement statement report, notification of the result of the driving under the influence of alcohol, the driver's report, the driver's license register, the tea inquiry, the results of the crackdown on driving under the influence of alcohol, and the fact that the defendant was punished three times for the same offense, the crime of this case in the case of sentencing under Article 62(1)2, Article 148-2(2)2, Article 44 of the same Act on the Road Traffic, Articles 152 subparag. 1, and 43 of the same Act on the grounds that the defendant was sentenced to a fine for the same offense without a driver's license.

However, taking into account the favorable circumstances in which the defendant's mistake is recognized and reflected, and the sentence shall be determined as ordered in consideration of all the sentencing conditions, including the health conditions of the defendant's family members, such as the age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.