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(영문) 대구지방법원 김천지원 2017.07.12 2017고단334
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 March 14, 2017, at around 23:30, 2017, the Defendant driven a lid lid, lid, lid, which is located in the Shincheon-si, Kimcheon-si, with approximately 800 meters section from the front of the modern passenger voting system in the same Moamamam-dong to the front road of the same Moamamam-dong without a driver's license, with a alcohol concentration of about 0.115% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, inquiry into the main office, and details of revocation 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 Act is that the Defendant again committed the instant crime even though he/she had been subject to three times punishment due to driving of drinking, and the driving of drinking is an offense that may cause serious harm to another person’s life and body and requires strict punishment, etc., which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant reflects the mistake, and that there is no record of punishment exceeding the fine, etc. are favorable to the defendant.

In addition, the records of this case, including drinking figures, the age of the defendant, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, and all of the sentencing conditions shown in the previous theories shall be determined as the sentence as ordered.

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