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(영문) 대전지방법원 천안지원 2017.08.31 2017고단1546
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 24, 2017, at around 21:40, the Defendant driven a Dunst-Pacific vehicle without a driver’s license while under the influence of alcohol leveling 0.256% of blood alcohol level at approximately 1-2 meters in front of C’s pharmacy located in Asan City B.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 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. 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. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture has already been punished for driving alcohol twice again, and the driving of drinking and non-licensed driving is again conducted in the state of drinking exceeding 0.2% in blood alcohol concentration. Meanwhile, the defendant's mistake and reflects his/her wrong, and the defendant's age, sex, sex, environment, health conditions, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered by the order.

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