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(영문) 대구지방법원 2018.01.11 2017고단5900
도로교통법위반(음주운전)등
Text

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 September 10, 2017, at around 18:55, the Defendant driven a ClZ JET 124cc two-wheeled vehicle under the influence of alcohol while under the influence of alcohol of about 0.141% without obtaining a motor bicycle driver's license from around 1km-do, Cheongdo-si, Cheongdo-si, Cheongdo-ro, Cheongdo-do-ro, to the front road of the entrance of the same Eupndo-ri village.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

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) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 number of reasons for sentencing under Article 62-2 of the Criminal Act under the order to attend a lecture is punished for the same kind of crime and the time such punishment is imposed (200, 2004, 2009, 2009, hereinafter referred to as a fine for refusing to measure drinking in 2015). The degree of alcohol in the blood alcohol at the time of driving the instant drinking, the risk of driving drinking is realized by causing a traffic accident accompanied by physical damage while driving the instant drinking, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime are considered, and the punishment is determined as ordered.

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