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(영문) 수원지방법원 평택지원 2013.09.05 2013고단957
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 May 23, 2013, while under the influence of alcohol by 0.111% without a driver's license on May 23, 2013, the Defendant driven a car with approximately three kilometers of approximately three kilometers in B Spart-type, from a mutual influence house located in the Dole-Eup of Pyeongtaek-si to a eropoly distance located in the eropo-Eup of Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against a driver, report on the status of a driver, and report on the status of a driver without a license for a driver without a license;

1. Registers of driver's licenses;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver’s license, and the defendant again commits the crime despite the fact that the defendant had been already punished several times due to drinking driving, etc., and thus, it is inevitable to punish him/her accordingly.

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the accused is against the recognition of the crime and the accused has no criminal record exceeding the fine, and the suspension of execution shall be sentenced on the condition that the order to attend the course is given

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