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(영문) 대구지방법원 2016.09.29 2016고단3476
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 June 19, 2016, at around 15:49, the Defendant driven the C B-J Meba in the state of alcohol alcohol concentration of about 0.240%, without obtaining a motor device bicycle license from around 15km-ro Gyeong-ro, Nam-ro, Nam-ro, 290, Nam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on driving of motor vehicles, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 subparagraph 1 of the same Act concerning facts constituting an offense, and Articles 148-2 (2) and 154 subparagraph 2 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined by taking into account the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he was sentenced to suspended sentence due to the same crime.

The defendant's blood alcohol concentration is very high.

A favorable normal situation: The defendant does not again commit the same crime.

There are many things.

The defendant driven a bicycle with a relatively low risk of engine device.

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