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(영문) 대구지방법원 상주지원 2015.06.02 2015고단169

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 16, 2015, at around 22:14, the Defendant driven a car in Bcoon without a driver's license, while under the influence of alcohol concentration of approximately 0.167% from the road in front of the future chill and the road in front of the same side of the 8km to the road in front of the same side of the dial.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiries into driving license registers;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Probation under Article 62-2 of the Criminal Act;

1. The sentence shall be imposed as ordered by taking into account the following factors: (a) the Defendant’s criminal records for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.; and (b) the Defendant’s age, character, conduct and environment; (c) motive, means and consequence of the crime; and (d) the circumstances after the crime, etc.,