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(영문) 대구지방법원 상주지원 2013.08.13 2013고단177
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 of the final judgment.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant, at around 20:20, driven a C-wing truck under the influence of alcohol level of about 0.184% without obtaining a driver’s license at a section of about 500 meters in front of the cafeteria that is located in the cafeteria of the Old Sea Office, which is located in the Sinyang-dong, in front of the cafeteria.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the report on the control of drinking driving, the results thereof, and the statement on the state of drinking drivers;

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 2006Do124, Apr. 1, 20

1. Article 62-2 of the Criminal Act on Probation, community service and order to attend a lecture (this case’s blood alcohol concentration, Defendant was detained by drinking and unlicensed driving in 2002, and Defendant was placed under the restraint of the suspension of the execution of imprisonment without a driver’s license even though he was placed under the restraint of the suspension of the execution of imprisonment, and Defendant committed the instant crime without a driver’s license, so considerable community service and order to attend a lecture are issued)

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