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(영문) 대구지방법원 2016.08.11 2016고단2132

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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 April 6, 2016, at around 18:30, the Defendant driven B Lone Star motor vehicle under the influence of alcohol concentration of about 0.05% without obtaining a driver’s license from a section of about 20 meters from the front of the Dong-dong development road located outside of the Gyeonggi-si, Chungcheongnam-si to the front road of the Gyeongcheon-si, Youngcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is the number of times and time when the defendant was punished for drinking or non-licensed driving, and the punishment is determined as ordered by taking into account the following factors: (a) the amount of alcohol concentration in blood at the time of driving of the instant drinking, such as the defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.