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(영문) 대구지방법원 포항지원 2019.08.08 2019고단644
도로교통법위반(음주운전)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

At around 02:10 on April 4, 2019, the Defendant driven B rocketing car under the influence of alcohol content of 0.145% without obtaining a driver’s license from the road located in the north-gu Down-dong, Mandong, to the front road of the Yongsan-dong, Yongsan-dong, and without obtaining a driver’s license from around 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, report on the situation of a drinking driver, driver's license inquiry, and application of the Acts and subordinate statutes of the next time inquiry;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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 an alternative sentence of imprisonment with prison labor (in consideration of the fact that there exists a past record of being punished by a fine twice for drinking driving before this case);

1. Article 62 (1) of the Criminal Act on the stay of execution (it shall be taken into consideration that there is no error, that there was no accident due to the operation of this case, and that there was no criminal record subject to the suspended execution or more punishment);

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

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