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(영문) 대구지방법원 경주지원 2015.06.25 2015고단302

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 14, 2015, at around 17:50, the Defendant driven a 1 ton cargo vehicle in the state of alcohol alcohol concentration of 0.114% without obtaining a driver's license in the 1km section from the 1km section to the front distance of the Yellownam Residents' Center in the same city on the roads in front of the Seongdong-dong Central Market.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving, report on the situation of a drinking driver, and notification of the completion of correction;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

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. The Defendant, on September 12, 2014, committed the instant crime under investigation by an investigative agency and was prosecuted due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the Road Traffic Act as a result of driving under influence on September 12, 2014, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions recorded in the records of the instant case, including the circumstances after the instant crime, shall be determined as ordered by taking into account.