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(영문) 수원지방법원 평택지원 2016.10.13 2016고단1051
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 5, 2016, at around 23:40, the Defendant driven a Bgp vehicle under the influence of alcohol level 0.131%, without obtaining a driver’s license, at a section of about 1 km, which arrives on the road front of the Naban, which is coming on the same side in front of the Naban-si fishing place located in the Masan-ri, Taeddong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Provisions of Acts and subordinate statutes to report the statement of the state of drinking drivers, notification of the results of the regulation of drinking driving, and the state of unlicensed driving;

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. Article 62 (1) of the Criminal Act;

1. Probation, the reasons for sentencing under Article 62-2 of the Social Service Order Act; three times a person has been sentenced to a fine for one time due to a drunk driving; there has not been any previous conviction exceeding a fine; and consideration of all the factors of sentencing, including the fact that the person has been sentenced to drinking, drinking, drinking and unlicensed driving; the reason why the person has done so; and the occupation and age of the accused;

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