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(영문) 대전지방법원 2018.11.09 2018고단2988

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2, 2018, at around 15:00, the Defendant driven BW50 occ under the influence of alcohol level 0.143% while under the influence of alcohol level 0.143%, without obtaining a motor device driver’s license from the front day of the apartment site located in the Jung-gu Daejeon Metropolitan City, Daejeon to the front day of the genetic patrol restaurant located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of the law to the ledger of driver's licenses (No. 13 of the evidence list);

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 (the point of driving a motor-free driver's license) of the Traffic Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that even though the defendant had been punished several times for the same type of crime, it is not good to commit the crime in this case again, but it is against his/her mistake and there is no record of punishment exceeding the fine);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;