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(영문) 대구지방법원 경주지원 2018.04.25 2018고단40
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2017, at around 21:48, the Defendant driven a car with approximately 700 meters wide from the front corner of the trade name in the Dongcheon-dong, Dongcheon-si to the front corner of the Seosungdong New School in the racing, without obtaining a driver’s license, while under the influence of alcohol of about 0.106% during blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement report on the situation of the driver driving, inquiry of the results of crackdown on the driving of alcohol, and application of statutes to the ledger of driver'

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

Unfavorable circumstances: The defendant committed each of the crimes of this case even though he had the record of punishment due to drinking driving and non-licensed driving.

It is the high level of alcohol concentration in blood.

Since the cancellation of the driver's license on December 1998, the driver's license without the driver's license continues to operate without the driver's license.

The favorable circumstances are confessioned and reflectd.

There is no criminal history exceeding a fine.

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