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(영문) 대구지방법원 포항지원 2016.06.16 2016고단295
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 December 17, 2015, the Defendant driven B Poter cargo under the influence of alcohol content of 0.115% while under the influence of alcohol, without obtaining a driver's license, with approximately 10 meters from the 18:22 on the 17th Poter in South-gu Seado, South-gu, Seoul, to the road front of the modern oil station in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of 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, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The provision of protection and observation, the provision of community service and the provision of an order to attend a lecture, the fact that there are many times the records of punishment due to drinking, driving without a license, and the fact that there are many other records of punishment including punishment, the fact that the drinking value is high: The fact that there is no traffic accident due to simple drinking, driving without a license, and the fact that the driving distance is not relatively long, the fact that there is no record of punishment exceeding a fine due to the same type of crime,

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