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(영문) 대구지방법원 영덕지원 2018.09.19 2018고단89
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[2018 Highest 89] Around 20:40 on May 8, 2018, the Defendant driven a D-hand car under the influence of alcohol concentration of about 0.173% from the 1km section to the 1km road after the death of a person in front of his/her dwelling place located in the B-Jinjin-gun (hereinafter referred to as the “Sungjin-gun”) and after the death of the same military, or from the 1km section.

[2018 Highest 173] On June 2, 2018, the Defendant driven a e-car without a driver’s license, while under the influence of alcohol leveling 0.209% from approximately 200 meters to the front road of the “place of Mannan도요” located on the front of the “place of Manan-gun,” located on the front of the “place of Manan-gun,” the front of which is located on the front of the “place of Manan-gun,” located on the Gnan-gun-gun, Ulsan-gun, Seoul Special Metropolitan City.

Summary of Evidence

[2018 Highest 89]

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, report on the results of regulating the driving of drinking, and inquiry into the vehicle register (2018 order 173);

1. Statement by the defendant in court;

1. Investigation report (as to whether a report is additionally made on a violation of the Traffic Act (unlicensed driving) on the road);

1. Report on the circumstances of driving under the influence of liquor, report on the circumstances of the driver under the influence of liquor, notification on the results of crackdown on driving under drinking, and application of Acts and subordinate statutes of the next time

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on May 8, 2018), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of self-driving on June 2, 2018), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of non-licensed driving) concerning criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment provided for in a crime of violating the Traffic Act of June 2, 2018, and a crime of violating the Traffic Act of the person who committed on June 2, 2018, and a violation of the Traffic Act of the person who committed on June 2, 2018, and punishment provided for a crime of violating the Traffic Act of the person who committed on June 2, 2018,

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [to the extent that the punishment is added up to the long-term punishment of the above two crimes].

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