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(영문) 대구지방법원 2013.10.17 2013고단3971
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 June 14, 2013, around 21:05, the Defendant driven B rocketing car under the influence of alcohol content 0.290% without obtaining a driving license for about 20km section from the care center for the care of the care center for the care of the care center for the care of the care of the care of the care of the Hayang-Eup located in Sincheon-si to the front of the Ocheon-si, Sincheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver (electronicized document);

1. Statement on the circumstantial statement of a host driver (electronic document);

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the criminal liability of the defendant for the reason of sentencing in Article 62-2 of the Criminal Act of the order to attend a compliance driving lecture is not minor, the punishment as ordered shall be determined in consideration of the overall normal data heard in the course of the public trial, such as the fact that there is no criminal record of suspension of execution or more, the amount of alcohol content of the defendant's blood, the driving distance of the vehicle

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