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(영문) 의정부지방법원 2013.09.27 2013고단2286
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 July 9, 2013, at around 01:21, the Defendant started a road in front of the Mapo-Eup located in the Sincheon-si, Sincheon-si, and operated a B-to-purd car without a driver’s license from around 500 meters away from the section of approximately 500 meters up to the front day of the Mapo-si Viewing point in the same Dong, while under the influence of alcohol 0.218 percent without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the situation of operation without a license;

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 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(1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act, even though a license was revoked after having been issued a summary order of a fine of three million won for driving under influence of alcohol on or around May 2013, taking into account the driving distance, driving distance, and age of the defendant);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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