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(영문) 수원지방법원 성남지원 2016.10.05 2016고단2195
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 July 12, 2016, at around 02:40, the Defendant driven B erotoba while under the influence of alcohol content of 0.196%, without obtaining a motorcycle driver’s license at approximately 150 meters away from the roads near the general market in Seongbuk-dong, Seongbuk-gu, Sungnam-si to the roads 283 o-gu, Sungnam-si, Sungnam-si to the end of about 150 meters away from the Sinnam-si, Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

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

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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 is the number and time of punishment imposed by the defendant for drinking alcohol and driving without a license; the degree of blood alcohol concentration at the time of drinking alcohol in this case; driving distance; driving distance; the age, character and conduct, intelligence and environment of the defendant; motive, means and consequence of the crime; and the various reasons for sentencing specified in the arguments of this case, such as circumstances after the crime, shall be determined as ordered.

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