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(영문) 대구지방법원 포항지원 2016.12.15 2016고단1331
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 August 22, 2016, at around 03:55, the Defendant driven a B SP car under the influence of alcohol concentration of about 0.142% without obtaining a driver's license from the front line of the main place where it is impossible to identify the trade name in the window drive at Changwon-si, the Changwon-si, the front line of which is located in the Yang-gu, Changwon-si, the front line where it is difficult to identify the trade name in the window drive at Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Taking into account various factors of sentencing recorded in the records, such as Defendant’s age, character and conduct, environment, and circumstances before and after committing the crime, other than the following circumstances: The fact that there is a high drinking level, the previous drinking year, the previous drinking year, the previous drinking year, the previous drinking year, the previous drinking year, the previous license itself, and the fact that there is no record of traffic accident: there is no record of punishment exceeding the fine; and there is no record of traffic accident

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