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(영문) 대전지방법원 2019.07.04 2019고단1681
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 6, 2019, the Defendant driven a fVS125 U.S. under the influence of alcohol concentration of approximately 0.197% from approximately 60 meters to the roads of the E-cafeteria, which are located in the same Gu from the front day of the large exhibition medium-gu B and C restaurant, without obtaining a motorcycle driver's license on April 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The 112 Report Report List, the 112 Report Report List, the field of control and the breath measurement photograph, the report on the situation of a drinking driver, the notification of the results of the drinking driving control, the investigation report (investigation into CCTVs at the control site), the application

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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

1. The reason for sentencing selecting a sentence of imprisonment with prison labor is that the defendant committed the instant crime that is favorable to the defendant, such as the fact that the defendant committed the instant crime, and that the defendant committed the instant crime while being suspended from the execution of a crime, and that there are many records that the defendant was punished for the same kind and a different kind of crime, etc., taking into account the circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, environment, family relationship, motive and consequence of the instant crime, and the circumstances after the crime, etc., the punishment shall be determined as ordered by the disposition.

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