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(영문) 대구지방법원 김천지원 2018.11.29 2018고단773
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 July 5, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle at around 10:50, driven a B-L motor vehicle at a section of about 1km from the Do located in the Gu and Si/Gu, in the form of alcohol level of 0.231%, and from the Do located in the Gu and Si/Gu, in the form of 239-1, Gu and Si/Gu, to the road located in the 750th of the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses, report on the circumstances of driver's licenses, inquiry of the results of crackdown on drinking driving, and application of statutes on the revocation of driver's licenses;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 2011>

1. An order to attend a course under Article 62-2 of the Criminal Act;

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