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(영문) 대구지방법원김천지원 2020.10.28 2020고단741
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 May 5, 2020, the Defendant is an unregistered substitute forest not covered by mandatory insurance without obtaining a license for a motorcycle under the influence of about 500 meters from the section of approximately 500 meters from Gumi-si B through C in the direction of about 0.112% of blood alcohol level from May 16, 2020 to C.

The driver drivens a motor bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished several times due to drunk driving or unlicensed driving, the fact that the defendant has committed the crime is disadvantageous, or that it is old, the defendant's blood alcohol concentration at the time of the crime of this case, driving distance, circumstances leading to the defendant's driving, the defendant's status at the time of driving, and the record of punishment as shown in the text of this case.

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