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(영문) 대구지방법원 2018.01.11 2017고단511

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2016, the Defendant driven a B rocketing car under the influence of alcohol content of 0.069%, without obtaining a driver’s license for a vehicle from the front of the market to the front of the south bath road located in the Nam-gu, Nam-gu, Daegu-gu, Daegu-gu, Seoul-gu, and without obtaining a driver’s license for a vehicle from the front of the market to the front of the south public bath road in the same city-gu, Nam-gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence has the record of being punished several times for a crime of the same kind, and the fact that the defendant has not been faithfully engaged in an investigation and trial was not guilty of the same kind since March 2007, and the favorable circumstances such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. are relatively low, and the punishment is determined as ordered by taking into account the various factors indicated in the arguments in the instant case, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, etc.