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(영문) 대구지방법원 포항지원 2018.02.07 2017고단1488
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 November 5, 2017, around 05:51, the Defendant driven CP car under the influence of alcohol concentration of about 0.260% without obtaining a driver’s license from the spon-road parking lot located in 15, Yancheon-gu, Yong-gu, Yongcheon-ro, Seoul, to the front side of the spon-ro 54, Dongdong-dong-dong 54, the Defendant driven CP car in the influence of alcohol concentration of at least 0.260% from the 3km section of the vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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