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(영문) 대전지방법원 2017.07.18 2017고단1925
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 April 23, 2017, the Defendant driven BM5 vehicles under the influence of alcohol content of 0.127% while under the influence of alcohol, without obtaining a driver’s license from the front road of the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon to the front road of the same 273-21, Gama 24 Singu, Gama-dong to the front road of the same Gama 273-21.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving, investigation reports (report on the situation of the driver in charge), and application of Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 fact that there is no experience in acquiring the driver's license for a motor vehicle and there is a record of being punished four times a fine due to a non-licenseless driving or a drunk driving, etc., and circumstances favorable to the fact that the amount of alcohol concentration in the blood is not low: The court shall determine the punishment as ordered by taking into account the following circumstances, and other various sentencing conditions recorded in the records, such as the defendant's age, occupation, family relation, sex behavior, environment, circumstances before and after the crime;

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