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(영문) 대구지방법원 포항지원 2019.07.25 2019고단682

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B. B.

On December 17:20 on December 17, 2019, the Defendant driven the said vehicle under the influence of alcohol content of 0.166% without obtaining a driver’s license from the fifth degree of the road located in the north-gu, Northern-si, Northern-si, to the same Do road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of a sentence of alternative imprisonment with prison labor (in light of the fact that an accident has occurred due to the driving of the instant case and that there has been records of being punished by a fine of six times due to drinking driving, etc.

1. Article 62 (1) of the Criminal Act on the suspension of execution [Considerations and those that there are no criminal records subject to the punishment for a heavier than the suspension of execution];

1. Order to attend lectures under Article 62-2 of the Criminal Act;