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(영문) 대전지방법원 2013.07.11 2013고단501
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 February 5, 2010, at around 00:08, the Defendant driven a C-low vehicle under the influence of alcohol content of about 600 meters from the front road to the front road of the modern automobile located in Seo-gu Daejeon, Seo-gu, Daejeon, with no driver’s license, while under the influence of alcohol content of about 0.091%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on detection of driver;

1. Article 148-2 subparag. 1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 2011; hereinafter the same shall apply); Article 152 subparag. 1 and Article 43 of the former Road Traffic Act concerning criminal facts

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

1. Selection of penalty: Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding a fine, and the fact that drinking water is not high);

1. Probation, community service, or order to attend lecture under Article 62-2 of the Criminal Act (Considering the fact that there are three-time criminal records of drunk driving, poor circumstances after the crime, and the fact that the unlicensed driving is discovered even after the crime in this case, etc. falls short of good condition);

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