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(영문) 대구지방법원 김천지원 2016.10.13 2016고단677
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 14, 2016, at around 00:45, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.057% without the driver’s license from approximately 100 meters from the front of the restaurant for “Pwine 21-3” to the front road of the “Pwine 28-gil,” located in 21-3, Guro-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Application of statutes governing vehicle photographs at the time of detection;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the Order to provide community service and attend lectures is the third drinking driving, and is punished several times due to unauthorized driving, and the person who caused an accident is selected to imprisonment with prison labor in consideration of the fact that the blood alcohol concentration is relatively low and the driving distance is not clear, and the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime are considered as a whole, and the sentencing conditions indicated in the instant arguments are determined as ordered.

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