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(영문) 대구지방법원 김천지원 2015.09.03 2015고단515

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 21, 2015, at around 22:15, the Defendant driven BVL125 Z under the influence of alcohol concentration of 0.135% without obtaining a license for a motorcycle at approximately 100 meters from the road front of the Kimcheon-dong, Kimcheon-si, Kimcheon-si, to the road front of the same agricultural peace branch.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes of the State-employed drivers, on-site photographs, survey reports on actual conditions, license registers, and disqualified meetings of the main office;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall be sentenced, considering the fact that the above accident is minor, the victim does not want the punishment, the confession of and reflect against the crime, and the fact that the defendant has a disability and has a wife to support, etc.);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;