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(영문) 대전지방법원 서산지원 2016.04.14 2016고단70

도로교통법위반(음주운전)등

Text

1. The punishment of the accused shall be four months of imprisonment;

2.Provided, That the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On January 2, 2016, the Defendant driven a motor vehicle with a alcohol level of 0.193% under the influence of alcohol level B while under the influence of alcohol leveling 0.193%, without obtaining a driver's license from the front day of the 482-1, Sinsan-ri, Sinsan-ri, to the front day of the 482-1, Sinsan-ri, Masan-ri, the third day of the 483rd day of the Sinsan-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the principal driver's statement report and the driver's license ledger;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment (which is recognized as a crime and has no record of being punished in excess of a fine for the last twenty years);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;