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(영문) 대구지방법원 안동지원 2017.08.18 2016고단754
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant is almost one holder of the wind engine.

On August 7, 2016, the Defendant, without obtaining a driver’s bicycle license for light engine device 10:50 on August 7, 2016, operated the above engine bicycle not covered by mandatory insurance in the state of alcohol 0.128% at a section of about 400 meters alcohol level from the parking lot of 170-1 Young apartment 205, Yannam-gun, Yancheon-do, Yancheon-do, Yannam-do, the Defendant, from the parking lot of 170-1 to 169, and from the new Mate-do road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the occurrence of the case, the arrest report, the notification of the result of regulating drinking driving, the statement of the situation of driving at drinking, the report of the situation of driving at drinking, the ledger of driver's license, the vehicle inquiry, the mandatory insurance, and the results of regulating drinking;

1. Driving a motor vehicle under the relevant provisions of the Act on the Safety of Road Traffic: Operation of a motor vehicle without a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act for criminal facts: Subparagraph 2 of Article 154 and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation:

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking account of the following circumstances: (a) the Defendant’s reason for sentencing the sentencing of Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act, even though having had the record of criminal punishment five times due to theless driving of a license, is disadvantageous to the Defendant; (b) the Defendant has led to the instant crime; (c) the Defendant has led to the confession and reflect of all the instant crimes; and (d) the Defendant has no record of criminal punishment due to the suspension of the execution of imprisonment, beyond the suspension of the execution of imprisonment, due to the favorable circumstances to the Defendant; and (d) the Defendant has determined

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