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(영문) 대구지방법원 김천지원 2018.07.04 2018고단305
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 March 27, 2018, at around 20:45, the Defendant driven a coo vehicle in B without obtaining a driver's license in the state of alcohol concentration of about 0.196% from the section of the 3km apartment located in the same city of the city in front of the apartment site in the same city of the same city, in the vicinity of the Geongcheon-dong, Sinsi-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

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

1. Relevant legal provisions concerning criminal facts;

(a) Drinking: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of alternative imprisonment with prison labor ( Taking into account the previous convictions of the same type, the degree of living and other factors);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the main sentence of Article 62 (1) of the Criminal Act shall be taken into consideration that there is no criminal record other than fines twice;

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

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