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(영문) 대구지방법원 포항지원 2016.08.25 2016고단861
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 20, 2016, the Defendant driven D K7 car under the influence of alcohol level of 0.153% while under the influence of alcohol level of 0.153%, without obtaining a driver’s license, from the front of the main place where it is impossible to identify the trade name on the north-gu machinery side at the port of port, at around 23:30 on March 20, 2016, to the front of the “open-gu pharmacy” located in the same Gu’s death.

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. There are extenuating circumstances, such as the ordinary concurrence, the selection of a punishment, the punishment imposed pursuant to Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act due to heavy drinking driving, and the choice of imprisonment), the simple drinking of the reason for sentencing, the traffic accident caused by a non-licenseless driving, the fact that there is no history of punishment exceeding the fine due to drinking or non-licenseless driving, and the fact that the mistake is against the law.

However, in light of the fact that the Defendant was sentenced to a fine after driving without a license during the period of the above suspension of execution, and that the Defendant had a high drinking level (in addition to the above circumstances favorable to the Defendant, there is no concern about escape due to certain residence and occupation, and there is no concern about escape, and the Defendant committed a crime during the period of the suspension of execution or the considerable part of the period of the suspension of execution, in addition to the above circumstances favorable to the Defendant, it was committed after the lapse of the period of the suspension of execution.

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