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(영문) 수원지방법원 평택지원 2014.08.13 2014고단871
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 June 13, 2014, at around 22:04, the Defendant driven B Poter cargo while under the influence of alcohol by 0.115% without obtaining a driver’s license from a section of about 3 km from the front of the trade name flock in the Gi-Eup gluri-Eup to the front road of the same Eup glock elementary school located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The driver's license ledger;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 2, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle without a driver's license even though the same drinking, driving skills without a driver's license is four times, and the defendant seems to have the attitude of recognizing the facts charged in this case and against his mistake. The defendant again helps the defendant not to drinking, drive without a driver's license, helps the defendant not to drive a motor vehicle without a driver's license, and there is no record of being sentenced to a fine higher than a fine due to the same mistake, and other various circumstances shown in the records such as the defendant's age, character and behavior, home environment, etc. are considered.

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