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(영문) 대전지방법원 서산지원 2012.10.26 2011고단974
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 August 4, 2011, the Defendant, without obtaining a driver’s license at around 01:08, driven B freight in the section of about 5 km from the front day of the Siljin-si, Siljin-si, in the state of alcohol of 0.072% of the blood alcohol concentration, to the front day of the Shiljin-si, Siljin-si, Jin-si, the Defendant driven B freight in the section of about 5km.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial statement;

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

1. Subparagraph 1 of Article 148-2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that it is against criminal conduct and it is likely to improve character

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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