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(영문) 의정부지방법원 2013.07.05 2013고단807
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 March 8, 2013, at around 22:20, the Defendant driven the Category C Drilled Vehicle owned by the State B without the driver’s license, while under the influence of alcohol 0.247% from the front line of the previous shares in Newcheon-ri to the front line of the same Ri located in the same Ri, from around 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 suspension of execution (it shall be considered that the previous department is several times, but there is no previous criminal record or higher for the suspension

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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