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(영문) 대구지방법원 경주지원 2016.09.28 2016고단359
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2016, the Defendant driven B Coin vehicle under the influence of alcohol concentration of 0.098% in blood without a driver’s license on the front of the new middle school located in the Yellow-dong in the Yellow-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the detailed report on the situation of driving at home, the report on detection of the driver at home, and the statutes governing the register of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant has been sentenced to a punishment for the same kind of crime) shall be sentenced to a suspended execution only once in consideration of the unfavorable circumstances, the fact that the defendant is against his/her gender, the negative value is not relatively high, and that the defendant does not repeat the crime by disposing of his/her vehicle, etc., and the suspended execution shall be determined as ordered in consideration of all the sentencing factors indicated in the record);

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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