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(영문) 수원지방법원 평택지원 2018.03.30 2017고단2121
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 October 31, 2017, the Defendant driven a B-learning car under the influence of alcohol content of about 0.115% at a distance of about 2 km from the 2651 in the same west-dong, as it was from the Do near the Taeyeong apartment located in Pyeongtaek-si 2651, to the 2427-28 front road, without obtaining a driver's license for a motor vehicle at around 23:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 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 and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order: The defendant, who has been punished several times for the same kind of crime, committed a second offence, etc. committed again, and has no record of committing a crime exceeding the punishment: The defendant's age, family relation, circumstance of crime, etc.; and other favorable circumstances such as the defendant's age, family relation, circumstance of crime, etc.: the sentence shall be determined as per the order of imprisonment for not less than four

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