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(영문) 수원지방법원 2015.12.10 2015고단4564

도로교통법위반(음주운전)등

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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

1. Around September 23:50 on September 7, 2015, the Defendant: (a) driven C Costex vehicles in the section of approximately 3km from the mutual influence in the area where he was under the influence of alcohol by 0.235%; and (b) from the area where he was under the influence of alcohol by the Defendant, the Defendant driven C Costex vehicles in the area of approximately 3km from the area where he was under the influence of alcohol to the front road in the area where he was under the influence of hydrosi

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven Cone Star Vehicles without a vehicle driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

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

1. Relevant provisions of Article 148-2 (2) 1, 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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act is highly high alcohol content, driving distance is not short, Defendant’s sale of an automobile, etc., and two previous convictions of the same kind of fine (other than this, there are no penalty power), health, and household delivery conditions for sentencing shall be determined as ordered by taking into account the various circumstances, such as the reason for sentencing under Article 62-2 of the Criminal Act;