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(영문) 대전지방법원 홍성지원 2017.11.07 2017고단628
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 July 14, 2017, 15:20 around 15:20, the Defendant driven a bicycle under the influence of alcohol content of 0.222% in alcohol without obtaining a motor device driver's license from a motor device in approximately 3.24 km section from the 13-76, the New Airport of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnamnam-do, to the wedding route in the riro.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

The favorable circumstances: the confession and reflect, and the relatively low risk;

In the case of operating a motor device bicycle, the driver's negligence suffered an injury by causing a traffic accident by another person's negligence and the fact that a non-licenseless driver's license is found in the process: The driver's license has been punished once due to drinking driving, and there is a record of punishment three times due to a non-licenseless driving, but there is a high possibility of criticism for recidivism and high risk of recidivism, and the alcohol concentration in the blood is very high.

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