beta
(영문) 대구지방법원 2016.02.16 2015고단6031

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 28, 2015, the Defendant, without a driver’s license, driven a vehicle of 0.068 percent alcohol level in blood, and driven a vehicle of 4 kilometers in four kilometers, each of which he/she owns, from the front side of a mutual influent restaurant in Daegu-gu, Daegu-gu, to the front side of the 72-day Sinsan-si, Gyeongsan-si, to the front day of the same communication.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into circumstantial reports and control results;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

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 (limited to the suspension of execution of punishment only once, considering the fact that the defendant reflects his/her previous conviction and sells his/her driving vehicle);

1. It is so decided as per Disposition on the grounds of the observation of protection, order to attend a lecture, order to provide community service, Article 62-2(1) of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;