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(영문) 수원지방법원 평택지원 2016.04.08 2016고단159
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2015, the Defendant, without obtaining a driver’s license, driven a 30-meter B cruise car while under the influence of alcohol with approximately 0.192% alcohol concentration in the blood on the front of the restaurant in front of the name of “Mai Lan”, “Mai,” which is 01:47 on the day of Ansan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A witness's written statement;

1. The actual investigation report on traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition for the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Social Service and Order to Attendion - The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Military Service and Order to Attend for the same kind of force, background leading to the crime

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