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(영문) 수원지방법원 평택지원 2018.12.21 2018고단1458

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 26, 2018, the Defendant driven a motor vehicle of Category B while under the influence of alcohol content of about 0.250% without obtaining a driver’s license from around 3km section to the front road of the same city from “new Corlllet,” which was located in 279 as Pyeongtaek-si games around 20:45, to the same city, the Defendant driven a motor vehicle of Category B while under the influence of alcohol content of about 0.250%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Application of each statute on photographs;

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 (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order and Article 59 of the Act on the Observation, etc. of Protection: The fact that there was a history of punishment of a fine due to a crime of violating the Road Traffic Act on August 22, 2011, the fact that the volume of this case drinking is very high, and that there was a high degree of traffic accident at the time of this case, and that there was no special criminal history except for the confession, reflectivity, and the above previous criminal record, and that there is a need to not later repeat again while selling the said a vehicle from the above Allied end: The sentence such as the defendant's age, family relation, and criminal history: 6 months of imprisonment with prison labor, 2 years of suspended execution, and 2 years of community service order or more.