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(영문) 대구지방법원 경주지원 2013.04.09 2013고단67
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 22:20 on December 26, 2012, the Defendant, without a driver’s license, driven a B B nata, the mother of which is about 300 meters away from 0.164% of the blood alcohol content in the influence of the Defendant, in both south and south of the race, from the marban cafeteria to the road in front of the Eup, Myeon, Yangcheon-ri, Yangnam-ri, and the head of the Eup, Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to written reports on running a driver;

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 alternative imprisonment with prison labor (in consideration of the fact that three criminal records of the same kind exist);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant is a disabled person and is going against the character

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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