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(영문) 수원지방법원 평택지원 2015.03.27 2015고단52
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 August 28, 2014, at around 22:20, the Defendant driven a B-house without a car driver's license in the 3km section from the front of the mutually unclaimed restaurant in Pyeongtaek-si to the front of the Office of Education in the same non-exclusive-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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. 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 on probation and order to attend a lecture is that the defendant operated the instant vehicle without a license even though he/she had the same record of punishment several times due to the same mistake, in light of the fact that he/she operated the instant vehicle without a license in a considerable drinking situation, the charge of the crime is unlimited, but the defendant recognizes the facts charged of the instant case and reflects his/her wrongness, again, the defendant does not drive the instant vehicle again, there is no record of punishment exceeding a fine due to the same mistake of the defendant, and there is no record of punishment exceeding a fine due to the same kind of mistake, and

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