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(영문) 대구지방법원 김천지원 2013.10.10 2013고단791
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 June 21, 2013, at around 00:30, the Defendant driven a motor vehicle of hurged B without a motor vehicle driver’s license while under the influence of 0.159% of blood alcohol content on the front of a opt- range of opter in the Goi-Eup, Goi-si, Goi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of driving a motor vehicle under consideration, report on the status of a motor vehicle under consideration, report on the status of a motor vehicle under consideration;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, disqualified meetings of the main office, and disposition for cancellation;

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

1. Selection of alternative imprisonment with prison labor (including the fact that there exists any past record of punishment of a fine on several occasions for the same kind of crime);

1. Article 62 (1) of the Criminal Act (i.e., the violation of statutes and the absence of any past record of criminal punishment heavier than that of a suspended sentence);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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