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(영문) 대구지방법원 상주지원 2018.08.21 2018고단137
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2018, the Defendant, without obtaining a driver’s bicycle license for a motor device 07:55, driven a c 125cc motor vehicle in approximately 500 meters section from the front of a string restaurant located in the Soyang-dong at the time of residence to the front of the central center located in 172 at the time of residence at the time of residence, without obtaining a driver’s license for a motor device c 07:204% alcohol in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (no license is granted);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (No. 6 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order to attend lectures shall be taken into account in favor of the defendant to recognize and reflect the crime.

However, considering the recent two years of drinking driving, the Defendant continued to commit the same kind of crime for a short period of time by committing a non-licensed driving twice or four times, etc., the drinking driving level in this case is too high, and the Defendant actually caused an accident of collision with parked vehicles, the Defendant considered that it is necessary to punish the Defendant more strictly than a fine.

For this reason, it is possible to give clear warning to the defendant on Oralk-free and sound driving, which can be thought that the defendant is not separate.

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