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(영문) 대전지방법원 천안지원 2017.06.15 2017고단159
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 30, 2016, at around 00:45, the Defendant, without a driver’s license, driven a cub car from approximately 2 km to B from the front road of the Yangyang High School located in the Asan City Hot Spring Port in the same state as the blood alcohol concentration of 0.090%, to the front road of the hot spring station in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic 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 grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that a fine has already been imposed due to driving without a license for drinking alcohol; (b) the fact that the commission of the crime is recognized and reflected; and (c) the defendant’s age, sex behavior, environment, motive and means of the crime; and (d) the circumstances after the crime, etc. shall be determined as the same as the order.

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