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(영문) 대전지방법원 2017.10.31 2017고단3246
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 July 1, 2017, the Defendant driven a vehicle B1 ton cargo vehicle without obtaining a driver’s license in the state of alcohol alcohol concentration of 0.203% at around 0.203%, from the front of the 11-om-ro, Geumsan-gun, Geumsan-gun, Geumsan-gun, Seoul, to the front of the 11-om-do’s street village, and without obtaining a driver’s license in the state of alcohol concentration of 0.203%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Article 148-2 (2) 1 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 alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing 0-2 of Article 62-2 of the Criminal Code of the Order to Attend education or community service order: The fact that there was a history of having been sentenced to a fine twice due to driving of drinking or non-licenseing for the last five years, drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself, and thus, the liability for the crime is not easy, the risk of driving drinking has been realized, the degree of high alcohol concentration in blood is considerably high: 0 favorable circumstances: The confession of crime, reflectivity, and multiple crimes; the fact that there was no history of punishment exceeding fines; the fact that there was no history of punishment exceeding fines; the defendant's age, occupation, family relationship, sex behavior, environment, and other various conditions of punishment as ordered by the order shall be comprehensively taken into account.

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