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(영문) 수원지방법원 여주지원 2016.09.21 2016고단514
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 April 30, 2016, around 23:25, the Defendant: (a) operated a bicycle with a motor device device at approximately 100 meters range from the distance of the present high school in Ischeon-si, Leecheon-ro, 173, to the new Dolco road located in the same Sil-ro 105, without obtaining a motor device license; and (b) operated a bicycle under the influence of alcohol concentration of at least 0.129% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of the defendant's age

1. The community service order under Article 62-2 of the Criminal Act;

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