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(영문) 대전지방법원 2017.09.05 2017고단2069
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2017, the Defendant driven a car with Cme under the influence of alcohol content of 0.097% in blood without obtaining a driver’s license from the Dae Dam located in the Daejeon Seo-gu, Daejeon, Daejeon, to the 1610 new knife 4m-Jin 1610-Jinolol as in the same Gudae-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving alcohol and the statement in the circumstances of the driver involved in driving alcohol;

1. Inquiries about driver's license and the application of Acts and subordinate statutes reporting the situation of driver's license;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Act: An order to attend a lecture or an order to provide community service order: The fact that there are three times of punishment for drunk driving including the case in which the driver's license was not acquired, and the fact that there was several records of punishment: 0 favorable circumstances: confession and reflectivity, damage caused by the crime, the degree of damage caused by the crime was not high, the amount of alcohol concentration is not high, and there was no record of punishment for ten years in relation to non-license or drunk driving, the above circumstances and other sentencing conditions of the defendant, including the defendant's age, occupation, family relationship, sex behavior, environment, circumstances before and after the crime, etc., shall be selected by comprehensively taking into account the various sentencing conditions indicated in the records, such as the defendant's age, occupation, and sex, environment, and conditions before and after the crime, and the sentence as per the order shall be determined only once.

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