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(영문) 대구지방법원 김천지원 2013.04.25 2013고단219

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 March 3, 2013, at around 05:45, the Defendant driven a B-learning car under the influence of alcohol concentration of 0.203% without obtaining a driver’s license, on the road of the tax office located in the Dong-si, Chungcheongnam-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the state of drinking driving, and inquiry into the results of drinking control;

1. License inquiry, details of revocation, and application of Acts and subordinate statutes to disqualified inquiry;

1. Relevant provisions of Article 148-2 (2) 1, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., factors such as a violation of an error in depth and a violation of the punishment for a suspended sentence or heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;