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(영문) 대구지방법원 2014.11.13 2014고단4461
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 August 19, 2014, at around 23:39, the Defendant driven a Cobserver car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 3km from the front of a cafeteria in front of the mutually unfluent restaurant in the city of Busan to the front road of the Gyeongyang-dong in the same city of Gyeyang-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished twice due to drunk driving, and again committed the crime of this case while his license was revoked. However, the defendant's mistake is divided and reflected, the defendant has no criminal record of suspended execution or more, the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and all of the sentencing conditions in this case, including the circumstances after the crime, shall be determined as ordered by considering the following as a whole.

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