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(영문) 수원지방법원 여주지원 2014.05.19 2013고단1318

도로교통법위반(무면허운전)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

On November 29, 2013, at around 23:53, the Defendant driven a B-learning vehicle under the influence of alcohol without a vehicle driver's license at a section of about 100 meters from the 100-meter radius from the day before the restaurant near the Ddodo-Jacheon-dong, to the front day of the E-Jacheon-dong, Yacheon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the results of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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 (including the sentence imposed due to the violation of the Road Traffic Act, considering the fact that there are previous convictions in violation of the Road Traffic Act);

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a violation);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;