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(영문) 대구지방법원 서부지원 2018.08.08 2017고단2952
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 November 14, 2017, around 15:38, the Defendant driven a B-hurd vehicle with a alcohol concentration of at least 0.071% while under the influence of alcohol without obtaining a driver’s license from approximately 1km section from the front side of the wall of the Jin-gun in Seongbuk-gun in Seongbuk-do to the front side of the wall of the Jin-gun in Seongbuk-gun in the Gung-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, and inquiry of the results of crackdown on the driving of drinking;

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

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

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the drinking of this case and the driving without a license even though the defendant had been subject to criminal punishment for the same kind of crime several times, and also the defendant commits the drinking of this case and the driving without a license. On the other hand, the fact that the defendant is against each of the crimes of this case, the criminal records exceeding the fine do not have any record, the drinking value and driving distance, and the various circumstances shown

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