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(영문) 대구지방법원 서부지원 2013.09.24 2013고단850

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2013, at around 22:20, the Defendant driven a B-type cargo vehicle under the influence of alcohol content of 0.088% without a car driver’s license, from around 500 meters away from the front side of the Seogdong of Daegu-gu to the front side of the Magdong located in the same Kugdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of, and the report on detection of, the host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. It shall be decided as ordered for the reason of probation, community service and order to attend lectures under Article 62-2 of the Criminal Act or more;