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(영문) 수원지방법원 2013.12.20 2013고단6145
도로교통법위반(무면허운전)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 October 6, 2013, at around 21:35, the Defendant driven a B crake-do car under the influence of alcohol content of 0.064% without obtaining a driver’s license from the front of the LH Corporation dormitory located in the GH Corporation in the Sinnam-Eup in the same city to the front road of the Gansung Public Health Center located in the Gunnam-Eup in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed by taking into consideration the fact that the defendant has been punished for driving under the influence of alcohol on six occasions and driving without obtaining a license, but the nature of the crime is inferior by again driving under the influence of alcohol and driving without obtaining a license, but the confession, reflectivity, and blood alcohol concentration is low);

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

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