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(영문) 대전지방법원 2017.06.16 2017고단1059
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 17, 2016, at around 21:55, the Defendant driven Bone Star Co., Ltd. while under the influence of alcohol content of 0.179% without obtaining a driver’s license from approximately 300 meters in a section of approximately 300 meters from the roads adjacent to the Malorid parking lot located in the Jung-gu Daejeon Daejeon, Daejeon to the front road of the GS25 convenience store located in the same sentence of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Application of the Acts and subordinate statutes to the inquiry letter of driver's license;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration in the blood of this case and fines for the same kind of crime, etc. shall be taken into account.

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