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(영문) 대구지방법원 포항지원 2016.11.03 2016고단1100
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2016, at around 22:40, the Defendant driven a B body-man car without a vehicle driver's license at a section of about 5km from the front side of the sea in the south-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, the Chungcheongnam-si, and through the front side of the sea through the main day of the Simpo-gu, the Gumpo-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 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 person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but 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: Probation, community service order, and lecture attendance order are high: The punishment has been imposed twice due to the crime including drinking alcohol, drinking driving, driving without license, and driving without license, several times of suspension of execution, etc. In the case of driving without license, circumstances favorable to the fact that no license is granted: Traffic accident is caused; there is no criminal record exceeding the same kind of criminal record or fine after having been sentenced to a license for driving without license for six years prior to the occurrence of traffic accident; and there is no criminal record exceeding the same kind of criminal record or fine; besides the above circumstances, there are various factors of sentencing indicated in the records such as Defendant age, character and behavior, environment, and circumstances before

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