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(영문) 수원지방법원 평택지원 2015.01.30 2014고단1741
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 31, 2014, at around 00:05, the Defendant driven B earth and car under the influence of alcohol concentration of about 0.207% without obtaining a driver's license from around 100 meters to front of the same motor vehicle road in the Seo-si, Seo-si, Seo-dong, Seo-dong, Seo-si, Seo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Report on the circumstances of unregistered driving and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include that the defendant drives a motor vehicle without a license in the same kind of drinking, without a license, even though there are two occasions of driving without a license, the criminal liability is unlimited, but the defendant recognizes the facts charged in this case and reflects his/her mistake, helps the defendant not to drive a motor vehicle again, there is no record of punishment exceeding a fine due to the same mistake, and there is no record of punishment exceeding a fine due to the same kind of mistake, and other circumstances shown in the records, such as the defendant's age, character and behavior, family environment, etc.

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