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(영문) 수원지방법원 평택지원 2018.02.08 2017고단1938

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2017, the Defendant, without obtaining a driver's license for a motor vehicle on September 21, 2017, driven a BG motor vehicle while under the influence of alcohol concentration of about 0.094% in the middle of the 30km section before the two-way road in front of the public announcement of the second source located in the new lag in the inside of the city where the Gu is safe from the front of the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime committed under Article 62-2 of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, etc.

- there has been several records of punishment for the same crime, provided that the drinking of this case and the driving without a license do not cause traffic accidents. - Family members, relatives, etc. of the defendant appeal the defendant's preference, and the defendant is also against his mistake.