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(영문) 수원지방법원 평택지원 2014.03.26 2014고단67
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

On December 1, 2013, the Defendant, without obtaining a driver’s license on December 1, 2013, driven C C-L car at a section of about 1 km from his dwelling to the roads front of the same Ri steel in a safe state of 0.162% alcohol level, under the influence of alcohol level 0.162%, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of drinking drivers;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment in light of the driving of a motor vehicle in a considerable state of driving without a driver's license even though the defendant has the same drinking and driving skills without a driver's license.

However, the judgment is the same as the disposition in consideration of various circumstances shown in the records, such as the defendant's age, character and behavior, and family environment, that the defendant is led to confession and not driving again, that there is no record of being sentenced to a fine higher than the fine due to the same mistake, that there is no record of being sentenced to the

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