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(영문) 대구지방법원 2015.09.17 2015고단3756

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 21, 2011, the Defendant, without a driver’s license at around 0:30, driven B vehicles from the front side of the meat store in Daegu Northern-dong with a trade name of 0.116% under the influence of alcohol without a driver’s license, to the front side of the national well-run tunnel in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Subparagraph 1 of Article 148-2, Article 44(1) of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) concerning the crime, and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;