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(영문) 대구지방법원 영덕지원 2013.11.27 2013고단195
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 of the final judgment.

Reasons

Punishment of the crime

On 08. 06. 06. 22:20% of blood alcohol concentration, the Defendant was under the influence of alcohol, without obtaining a driver’s license. On 19:5% of blood alcohol concentration, the Defendant driven Csch Rexroth car at the section of approximately 10km of gold aftermari and high speed oil station, in the case of the aftermath of Csch Rexroth, which is located in the aftermath of Feng-gun Cromo-gun Crosta Crosta, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the report on detection of drivers and the license ledger;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order and order to attend a lecture, despite the fact that the defendant had been punished several times due to drinking driving or refusing to measure drinking, the defendant committed each of the crimes of this case at the same time, and the defendant's blood alcohol concentration level is high.

However, the defendant is against the crime of this case and the defendant's family form is not good.

In addition, there is no history that the defendant has been punished more than the fine.

Such various circumstances and other conditions of sentencing, including the defendant's age, character and conduct, and circumstances after the crime, shall be determined as per Disposition.

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