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(영문) 수원지방법원 평택지원 2017.04.26 2016고단2462
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

[2016 Highest 2462] On October 23, 2016, the Defendant driven a bh-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

[2017 Highest 577] On March 8, 2017, the Defendant driven a Dap Motor Vehicle without obtaining a driver’s license from approximately 15 km from the 5th road of the 2-lane of the Eup-Myeon-dong, Pyeongtaek-si to the 3rd Do-dong, Pyeongtaek-si.

Summary of Evidence

[2016 Highest 2462]

1. Statement by the defendant in court;

1. C’s statement;

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

1. Notification of the results of regulating drinking driving;

1. Each photograph (2017 Height 577);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Article 148-2 (2) 1 of the relevant Act on the Traffic of Roads, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the relevant Act on the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant's age, family relationship, and circumstances leading up to the crime, etc. are as follows: (a) there is a history of being punished by a fine on several occasions due to drinking driving; (b) again committing a non-licensed driving crime even after being investigated into the crime of drinking driving; (c) there is relatively high level of drinking value; (d) there is no record of crime exceeding the fine; and (e) there is no record of crime exceeding the fine after being punished by a fine due to drinking on May 22, 2008; and (e) there is no particular record of crime before the crime.

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