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(영문) 대구지방법원 안동지원 2018.02.21 2017고단764
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On November 5, 2017, the Defendant driven a motor vehicle with an E options in the state of alcohol concentration of about 0.15% while under the influence of alcohol without obtaining a driver’s license from approximately 2km section from the front to the front road of “D” located in C, at a permanent residence of around 13:15, the Defendant driven a motor vehicle with an E options in the state of under the influence of alcohol concentration of about 0.15%.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

1. A report on internal investigation:

1. Each report on investigation;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of the driver, and applying statutes to the ledger of driver's licenses;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic 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 crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act is not good in light of danger, etc.

Although the Defendant had been under criminal punishment twice due to the crime of drinking driving and the crime of unlicensed driving, he/she also committed the instant crime. This is an unfavorable circumstance to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no history of criminal punishment exceeding a fine against the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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