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(영문) 대구지방법원 2018.11.22 2018고단4171
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2018, the Defendant, without obtaining a driver’s license for a vehicle at around 15:20, driven a BMF5 vehicle at a section of about 700 meters from the front of the Gangseo-gu Hospital located in the Nowon-gu Nowon-gu, Daegu, Nowon-gu, to the front of the same road located in the same Dong, while under the influence of alcohol content of 0.164%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to the driving license ledger;

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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under the grounds for sentencing under Article 62-2(1) of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- Recognition and reflection of the crimes of this case as much as possible to criticize each of the crimes of this case even though it was discovered by drinking driving on March 27, 2018

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