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(영문) 대구지방법원 2014.11.13 2014고단4463

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six 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 August 12, 2014, at around 01:40, the Defendant driven B Poter truck under the influence of alcohol content of about 0.160% without a driver’s license, on the road from the Southern River in the Yan-si, Busan Metropolitan City to the side of the father-1 apartment in the same Dong from the Southern River in the same Dong to the side of the father-1 apartment in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

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

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 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. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture has been punished several times for the same kind of crime, and that he again commits the crime in this case, the liability for the crime in this case is not provided against the defendant, but the defendant has no criminal record of suspended execution or higher, and the defendant has no criminal record of suspended execution or higher, and the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime are considered and determined as ordered by the order.