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(영문) 대전지방법원 2013.03.25 2013고단426

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 November 11, 2012, at around 05:00, the Defendant driven a B car without a driver’s license, while under the influence of alcohol 0.162% of alcohol alcohol concentration, from the front of a restaurant on the mutual and aesthetic side of the Dong-dong, Daejeon to the front road of the Dong-dong apartment located in the same Dong-dong, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Inquiry into the results of crackdown on drinking driving;

1. Application of the photographic Acts and subordinate statutes;

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 alternative imprisonment with prison labor (in consideration of the fact that the same kind of crime has history);

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the recognition of all crimes committed by a person himself/herself and reflects his/her depth);

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