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(영문) 제주지방법원 2013.03.28 2013고단161
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2013, the Defendant, without a driver’s license around 16:15, driven a freight vehicle of about 10 meters from C to C in front of a new gylon in front of a new gylon, located in the Hanpo-si, Hanpo-si, Hanpo-si, under the influence of alcohol content of 0.101%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the statement of the situation of a driver;

1. Relevant provisions of Article 148-2 (2) 2, 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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant was punished several times prior to the same kind of crime, and thus, the criminal liability of the defendant is not weak, but the defendant is committed as the order of the suspended sentence, considering the fact that the defendant is divided and is not required to repeat again, that the defendant is old, and that the defendant's family relationship is other conditions for sentencing.

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