beta
(영문) 대구지방법원 김천지원 2014.07.17 2014고단577

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2014, at around 22:24, 2014, the Defendant driven B Poter-II cargo vehicle with blood alcohol concentration of about 0.143% without obtaining a driver's license from the front side of the happy-type restaurant located in Kimcheon-si to the front side of the Dong newly established in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the status of the driver, and the driver’s license registry;

1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 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 on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the same Act on the Punishment, etc. of Specific Crimes) (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes should be severe punishment in that the Defendant committed the instant crime immediately after the occurrence of each punishment on Sep. 30, 201 due to drinking or unlicensed driving; Article 62(1) of the Act on the Punishment, etc. of Specific Crimes (Article 62(1) of the Act on the Punishment, etc. of Specific Crimes)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;