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(영문) 대구지방법원 서부지원 2019.02.22 2018고단258
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:55 on October 3, 2017, the Defendant driven a FOtobane (124ccc) without a motorcycle driver’s license, under the influence of alcohol leveling of about 0.137% from the 10km section from the front of the C cafeteria located in Daegu Suwon-gu, to the front road located in D, Daegu Seo-gu, Daegu-gu, to approximately 10km.

around 13:35 on November 22, 2017, the Defendant driven the Franb (124C) without a motorcycle driver’s license on the front side of Kwikset Service Company, which is located in Daegu Suwon-gu G, from about 2km to the front side of the bus stops in the Daegu Suwon-dong bus stops.

Summary of Evidence

"2018 Highest 258"

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Statement on the actual state of a drinking driver, each statement on the results of the drinking control, and the written report on the appraisal;

1. "Register of driver's licenses": "2018 Highest 687";

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A traffic accident report;

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, and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Article 40 and Article 50 of the Criminal Act: Commercial concurrences (the case at issue in the market price 2018 Highest 258)

1. As to the crime of violation of the Road Traffic Act (driving) in the case of the 2018 Highest 258 decision on the option of punishment, imprisonment shall be selected, and as to the crime of violation of the Road Traffic Act (driving without Permission) in the case of the 2018 Highest 687 decision, fine shall

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant recognized his/her mistake and did not repeat the crime while against his/her will; (b) the economic situation is not good; (c) drinking water; (d) the details of the crime; (d) the criminal records; and (e) the prosecutor’s sentence.

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