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(영문) 대구지방법원 김천지원 2013.08.08 2013고단505
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2013, at around 16:30, the Defendant driven a stude car with B in the state of alcohol alcohol concentration of 0.214% without obtaining a driver’s license from a section of about 1km from the front of a mutually influent restaurant in the south-si, Sin Sin-si to the front of the pin three-dimensional entrance in the same city of Donsan-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Registers of driver's licenses, details of revocation of driver's licenses, and application of statutes concerning disqualified meetings;

1. Relevant provisions of Article 148-2 (2) 1, 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 imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the punishment for a suspended sentence was imposed on the same kind of crime on November 2000, but it has been somewhat old, and there have been family members to support);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;

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