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(영문) 대구지방법원 안동지원 2016.08.09 2016고단350
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 April 4, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle from around 23:5, the Defendant driven a Ctetra motor vehicle with approximately 600 meters alcohol level from the road front of a simplified station located in 905, Andong-dong-dong-dong, to the front road of the CGV theater located in 841, the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of the driver involved in driving and making inquiries about 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) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the frequency and time of punishment imposed by the defendant due to drinking and non-licensed driving, the numerical value of alcohol level at the time of driving the drinking of this case, driving distance, the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime, etc., taking into account the various reasons for sentencing indicated in the argument of this case, such as the circumstances after the crime, and the sentence as ordered.

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