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(영문) 수원지방법원 성남지원 2014.04.11 2013고단2901
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 November 29, 2013, the Defendant, without obtaining a driver's license on November 29, 2013, driven approximately 8 km freight cars to the front road in front of Ngggggon's church, while under the influence of alcohol by 0.217% of the blood alcohol concentration, at the 0.217% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

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 reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order have been sentenced three times to a fine due to drinking or non-licensed driving; however, considering the fact that the accused is the time of committing a crime, and the accused is repenting, and that he is not required to drive a drinking or non-licensed driving again, the punishment shall be determined as ordered by the order.

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