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(영문) 수원지방법원 평택지원 2017.03.22 2017고단336
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2016, the Defendant driven Cwer vehicle under the influence of alcohol content of about 0.168% while under the influence of alcohol without obtaining a driver’s license from approximately 1.5 km to the same Eup’s stable shopping street from around 19:0 to the 30th convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of each statute on photographs;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The punishment of imprisonment, suspension of execution, and fine has been imposed on several occasions due to driving under drinking or non-licensed driving, and the amount of the drinking alcohol in this case is considerable: The confession, reflectivity, etc., and other favorable circumstances: The defendant's age, family relationship, details of the crime, etc.: The sentence shall be sentenced to eight months of imprisonment, suspension of execution two years, and the reasons above the order of the observation; and

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