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(영문) 대구지방법원 경주지원 2018.10.04 2018고단444
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 18, 2018, from around 18:10 to 18:30 on the same day, the Defendant driven CL125S Meba while under the influence of alcohol content of about 0.249% while under the influence of alcohol in the blood without a motor device license from around the 10k section of approximately 10km to the front of a restaurant for the 382-11 of the so-called so-called so-called So-called "Saak field" at the time of racing, the Defendant driven CL125S Meba while under the influence of alcohol content of about 0.249% in alcohol in the blood without a motor device license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (the results of inquiry about suspect licenses);

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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. The sentencing conditions stated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, under Articles 53 and 55 (1) 3 of the Criminal Act that reduce the amount of punishment, shall be determined as ordered by taking into account the following circumstances:

At the time of the crime of this case, the defendant's blood content concentration was considerably high, the previous records of punishment have been maintained due to driving of drinking, non-licenseless driving, refusing to measure drinking, etc., and the defendant's health status is not good.

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