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(영문) 대구지방법원 서부지원 2018.11.21 2018고단1646
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 25, 2018, around 23:35, the Defendant driven a B E200 CGI car under the influence of alcohol content of about 0.106%, without obtaining a driver’s license, on the section of about 10km from the front of a restaurant where it is impossible to know the trade name near the Daegu arboretum, which is located in 342, Seogu, Daegu-gu, Daegu-gu, the name of the Defendant, at the end of the restaurant to which it is impossible to find out.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Details of driver's license revocation, and application of statutes to the ledger of driver's licenses;

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. 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture was not only the defendant had been punished for a fine once due to drinking alcohol driving, but also the defendant committed the crime of this case when he was under criminal trial due to the refusal of drinking alcohol measurement. Meanwhile, the defendant is against the defendant when committing the crime of this case, there is no record of a fine exceeding the fine, and other circumstances, such as the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence, etc., which are the conditions for sentencing as shown in the arguments of this case, including the circumstances after the crime, shall be determined as the sentence of this case.

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