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(영문) 대전지방법원 2017.09.01 2017고단2600
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 June 18, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 03:00, driven a C-crin vehicle at the front of a cafeteria located in the Seosan-dong, Seosan-gu, Daejeon, Daejeon, with alcohol concentration of 0.177%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

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

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol content in the blood of this case, the degree of shock caused by traffic accidents, and the fine twice, etc. due to the same crime on May 18, 2017, etc.

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