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(영문) 수원지방법원 평택지원 2016.12.08 2016고단1856
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 September 5, 2016, the Defendant, without obtaining a driver’s license at around 09:43, driven B Poter truck in the section of approximately seven kilometers from the LiIC located in Pyeongtaek-gu, Pyeongtaek-gu, Pyeongtaek-do to the same city-based 53-lane, while under the influence of alcohol by 0.085 percent of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Article 62 (1) of the Criminal Act;

1. Determination on the application of sentencing guidelines under Article 62-2 of the Probation Criminal Act: It shall not be applicable;

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