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(영문) 대구지방법원 김천지원 2016.10.20 2016고단819
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant driven a vehicle of approximately 2 km B amynata third in front of the 007 ambling route in the Gu and Sinsi-gu, under the influence of alcohol of about 0.051% without obtaining a driver's license at around 23:15, the Defendant driven a vehicle of approximately 2 km B amba third in front of the Gu and Sinsi-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2(1) of the Criminal Act of the Order to provide community service and attend lectures is that it is not good to commit a crime by driving without a license even though it has been punished several times for driving without a license. However, it is not sufficient to punish more than fines. The drinking driving is first and the blood alcohol level is low, the degree of alcohol level is low, the mistake is recognized and reflected, the vehicle driven at the time is scrapped, the Defendant’s age and family relationship are considered.

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