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(영문) 대구지방법원 포항지원 2018.05.17 2018고단350
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 1, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle at around 05:29, driven a B observer car at approximately 100 meters away from the Subdivision’s front side located in the Northern-gu, Sinpo-si, Sinpo-si, in the state of alcohol concentration of 0.108%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and application of statutes to the ledger of driver's licenses;

1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of an alternative imprisonment with prison labor (to take into account the fact that there has been the history of being punished for a crime of violating road traffic laws on seven occasions by repeatedly driving without obtaining a driver's license, and that there has been the history of being punished once for a crime of violating road traffic laws) by repeatedly driving a motor vehicle without obtaining a driver's license);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that mistake is recognized and reflected, the distance of operation is not long, and the records of the same crime are only one time after 2002);

1. The community service order under Article 62-2 of the Criminal Act;

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