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(영문) 대구지방법원 안동지원 2018.05.18 2017고단861
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2017, the Defendant driven a B-hurn vehicle with a alcohol level of 0.129% under the influence of alcohol level of 0.129%, without obtaining a driver's license, from the front of the knife knife knife knife knife knife knife knife knife knife knife knife knife kn

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect C by the police;

1. Copy of the police statement made to D;

1. Statement of the circumstances of a driver driving, notification of the results of the crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, ledger of driver's license for motor vehicles, investigation report (a detailed statement of revocation of driver's license, attachment of inquiry report of the main office, and application of statutes governing field photographs;

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 each sentence of imprisonment;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the past record of punishment for drinking driving, the Defendant committed the same crime.

Despite the detention around drinking, the nature of the crime is not good in light of the circumstances leading to driving of drinking.

However, the defendant recognizes his mistake and is against his will.

No one who has been sentenced to heavier punishment than a fine shall be punished.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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