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(영문) 수원지방법원 평택지원 2015.03.13 2014고단1929
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

except that 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 10, 2014, at around 23:22, the Defendant driven Cbeber 100cc lebane while under the influence of alcohol by 0.238%, without obtaining a motorcycle driver’s license from the front Doer of the Cbeba, which is located in the area of Ansan Cropia to the front road of the Gamba-si in the area of 2km, from the front of the Gamba-si to the Gamba-si in the area of the Gamba-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver and a written appraisal of blood alcohol;

1. Application of the statutes on the register 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 2 of Article 154 and Article 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. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence requires a strict punishment against the defendant in light of the fact that the defendant has been subject to punishment three times due to the same drinking or non-licensed driving without a license in a considerable state of drinking. However, although the defendant recognized the facts charged in this case and reflects his mistake, there is no record of punishment exceeding the fine of the defendant, the defendant is a deaf-mute, and there is no record of punishment exceeding the fine of the defendant, and the execution of imprisonment is suspended at once taking into account the various circumstances shown in the records such as the defendant's age, character and behavior, family environment

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