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(영문) 대전지방법원 2017.03.22 2016고단4576
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 29, 2016, the Defendant was under the influence of alcohol content of 0.131% in blood without a motor vehicle driver’s license, and the Defendant was driving C rocketing in the section of about 1km in the section of about 1km from the vicinity of the blue apartment located in the Daejeon East-gu Hongdo to the road located in the same Gu Samsungdong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

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

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

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the person undergoes a traffic accident while driving a motor vehicle without a license from a drinking state to the effect of traffic accident; refusal of drinking alcohol measurement and the driving of drinking alcohol; one time the criminal records of non-licensed driving; the circumstances favorable to the fact that the person undergoes a confession and reflects: The decision of a sentence that all the above criminal records are fines: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime; the various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be considered;

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