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(영문) 대전지방법원 논산지원 2012.10.16 2011고단622
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

around 02:05 on April 12, 201, the Defendant was under the influence of alcohol with a 0.091% alcohol concentration of 0.091% without a vehicle driver’s license from the section of about 3 km in the Honam Highway, which is located in the Masan-dong, Sinsan-si, Sinsan-si, Seosan-do, to the road in front of Seosan-do.

Summary of Evidence

1. Each legal statement of the defendant and witness D;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 Subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1 and Article 43 of the Road Traffic Act concerning the crime (the occupation of driving without a license)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment and heavier punishment);

1. Selection of penalty: Imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act in consideration of the fact that the defendant has committed a crime late;

1. To render judgment as ordered for the reasons under Article 62-2 (1) of the Criminal Act and Article 59 of the Act on Probation, etc.;

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