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(영문) 대전지방법원 2019.02.14 2018고단4099
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for up to seven months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2018, at around 17:30 minutes, the Defendant driven a D-wing truck with the blood alcohol concentration of about 0.332% without obtaining a driver's license from the front of the C-factory located in Sejong-Class B to the front of the Dong-dong post office located in Sejong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) and Article 144 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant again committed the instant crime even though the reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend lectures had the record of being punished three times due to drinking driving, and that the level of drinking alcohol measurement of the instant case is very high, the Defendant’s liability for the crime is grave, but the Defendant’s confession is against the Defendant, and the Defendant has no criminal record other than the fine, etc., the sentence as

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