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(영문) 수원지방법원 평택지원 2018.03.29 2017고단2120

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2017, the Defendant driven a B cruise car under the influence of alcohol level of about 0.089% in the middle of the blood alcohol level of about 1km from the Do adjacent to the trade name in the Ansan-si parking lot in the same city of Taesung-si without obtaining a driver's license on August 29, 2017 to the Do in the same city of Taepo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a driver's license;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, the same sentence as the order shall be determined.

- there is a record of criminal punishment for the same crime, provided that the operation of the pertinent drinking without permission does not cause other traffic accidents. - there is no record of criminal punishment exceeding a fine. - The defendant is against his own mistake.