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(영문) 대구지방법원 포항지원 2019.07.04 2019고단322

도로교통법위반(무면허운전)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

On March 4, 2019, around 22:25, the Defendant driven Epoter II truck under the influence of alcohol concentration of 0.085% without obtaining a driver’s license in the section of approximately 200 meters in the south-gu Do, Nam-gu B, Nam-gu, and the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 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 alternative imprisonment with prison labor [the previous imprisonment with prison labor has a record of being punished twice as a fine for drunk driving or unlicensed driving prior to the instant case, and the occurrence of traffic accidents due to the instant driving];

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the point of radius and the number of blood alcohol concentration);

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