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(영문) 수원지방법원 평택지원 2016.08.24 2016고단1366
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2016, at around 06:35, the Defendant driven a B observer car with alcohol content of about 0.065% while under the influence of alcohol without a vehicle driver’s license from around 300 meters to the front road of the same Sejong-si Underground Road.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (report on the situation of driving without a license);

1. The driver's license ledger;

1. Statement of the circumstances of driving at home;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The observation of protection and the order of community service order Article 62-2 of the Criminal Act, the reason for sentencing under Article 59 of the Act on the Protection, Observation, etc. (determination of the application of sentencing guidelines) - The primary reason for sentencing shall be determined as per the disposition on the grounds of drinking, non-licenseing and fine four times, and the majority of other traffic-related crimes.

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