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(영문) 대구지방법원 상주지원 2013.11.12 2013고단313

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On August 1, 2009 and May 20, 201, each of the Defendant violated Article 44(1) of the Road Traffic Act. On July 8, 2013, at around 22:45, the Defendant, while permanently staying in front of a restaurant located in Gyeyang-dong, driven C Poter cargo with a blood alcohol level of about 0.139% under the influence of alcohol level without obtaining a driver's license from the vehicle driving license in the front of the 2km-dong at the time of permanently staying in front of a restaurant located in Seoyang-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses;

1. Application of a copy of each statute of summary order;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 on the stay of execution (Taking into account that there is no record of punishment exceeding a fine);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;