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(영문) 대구지방법원 서부지원 2018.04.02 2017고단2417
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 17, 2017, the Defendant, without obtaining a license for the automatic winding power plant around 00:20 on September 17, 2017, driven B Poter II cargo from approximately 5 km to the front road of the same west-ro 26, from the front day of the return principle to the two-way road of the same west-ro 26, while under the influence of alcohol content in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 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 reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures is that the defendant is against the time of committing the instant crime, considering favorable circumstances.

However, despite the history of punishment for drinking driving, the Defendant went back to the instant crime, and there is a high possibility of criticism in that the alcohol concentration in blood at the time is considerably high, as well as that of traffic accidents.

In addition, all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the crime, circumstances after the crime, family relationship, etc., shall be determined as ordered in consideration of the overall sentencing conditions.

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