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(영문) 대구지방법원 상주지원 2013.11.19 2013고단390
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On July 24, 2006 and September 18, 2012, the Defendant violated Article 44(1) of each Road Traffic Act. On July 27, 2013, the Defendant driven a motor bicycle under the influence of alcohol of 0.095%, without obtaining a driver’s license from the front side of the Young-gu public restaurant located in the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, Seoul, to the front side of the Dong-gu, Eup. In the same Eup, the Defendant driven a motor bicycle under the influence of alcohol concentration of 0.095%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses;

1. Application of the written judgment (52 pages of investigation records) and summary order statutes; and

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 2 of Article 154, 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. Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Motor Vehicle Driving a motorcycle, other than a motor vehicle, is not higher than the blood alcohol concentration of the instant motor vehicle, considering the fact that the said motorcycle is sold after the instant case, and

1. Probation, community service, and lecture attendance order under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act (In the case where the accused commits the same kind of crime, even though he/she has been punished twice a sentence of imprisonment with prison labor and a suspended sentence of imprisonment once, etc., he/she again commits the instant crime, and therefore, again commits the instant crime, probation for the corresponding three years, community service, and lecture of compliance for 240 hours and lecture of 40 hours);

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