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(영문) 대구지방법원 김천지원 2017.08.22 2017고단467
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, at around 10:45, the Defendant driven B Poter truck without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.147% from a section of about 500 meters from the front of the restaurant in the Gu-si, Si-si to the upper road of the mother kindergarten located in the same Dong from around 100 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, re-manufactured the instant drinking and driving without a license even though his/her driver’s license was revoked due to driving of alcohol.

The defendant is under the influence of criminal punishment twice due to driving of drinking, and one time due to refusal to measure drinking.

However, the defendant is re-competing.

The defendant has no history of criminal punishment exceeding a fine.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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