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(영문) 수원지방법원 평택지원 2014.01.10 2013고단1556
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was engaged in driving of B SP car.

On December 4, 2012, the Defendant driven a volume of approximately 100 meters from the old world of Pyeongtaek-si to the 30-23-round old world of Pyeongtaek-si in the real surface of Pyeongtaek-si without obtaining a driver's license at around 13:10, the Defendant driven a volume of approximately 100 meters from the upper world of the luxa to the 30-23-round street of Pyeongtaek-si in the real surface of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written proposal from an employer, and a written report from an employer to an employer;

1. Requests for appraisal;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was sentenced to each fine for the crime of violating the Road Traffic Act on 2002 and 2011, and that the blood alcohol concentration in this case is very high, the defendant needs to be punished strictly.

However, a suspended sentence shall be imposed only once in consideration of various sentencing conditions indicated in the record, such as the fact that the defendant recognized the crime and reflects the fact that there is no other criminal records other than the above punishment, but the order to attend a lecture also is issued to prevent recidivism.

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