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(영문) 수원지방법원 2015.03.26 2015고단141
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2014, the Defendant driven B physical-person car at approximately 400 meters in a section of approximately 0.081% alcohol concentration from the company bank distance of Gyeyang-si to the front road of the same Eup as an Eup lease officetel without obtaining a driver's license on December 21, 2014, while under the influence of alcohol of about 0.081% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the notification of the result of crackdown on drinking alcohol driving, the circumstantial report on drinking drivers, and the driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier operation without a license);

1. Selection of alternative imprisonment with prison labor (including substantial number of persons who have been punished for the same kind of crime);

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1)

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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