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(영문) 대구지방법원 포항지원 2015.07.16 2015고단284
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2015, the Defendant, at around 01:45, driven a B observer car at a section of about 150 meters from the front of the restaurant where the trade name of the North-gu death movement at the port at port is unknown at the port without obtaining a driver's license and at around 0.067% of blood alcohol level, from the front of the restaurant where the trade name of the North-gu death movement at port is unknown at the port to the front of the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 violation of the Road Traffic Act due to a heavy licenseless operation, and the choice of imprisonment shall be imposed);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has five times the ability to be punished for driving without a license and has the ability to be punished for driving without license, and that there are many other favorable records such as punishment, including punishment, are not causing a traffic accident due to a simple drinking, driving without license, driving without license, and driving is not relatively high, and there is no record of being sentenced to a fine exceeding a fine after being sentenced to a suspended sentence due to another type of crime committed for about 14 years prior to the suspension of execution;

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