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(영문) 수원지방법원 여주지원 2013.08.30 2013고단590
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 21:30 on May 9, 2013, the Defendant driven B rocketing vehicles from the wing, the lower police, the lower court, the lower court, at the lower village of the Happed Zone, which was 100 meters of alcohol level, while under the influence of alcohol leveling 0.252% of blood alcohol level.

2. On May 9, 2013, the Defendant driven a rocketing vehicle as stated in paragraph (1) from the 21st-way to the 26th-down 21st-way to the top-down of the Gyeonggi Pyeong-gun, as well as from the 21st-way to the 21st-way to the top-down village of the Gyeonggi Pyeong-gun, without obtaining a driver’s license from around 07:00 to 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. C's certificate of influence of alcohol driving;

1. The circumstantial report of an employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., circumstances leading to the occurrence of drinking alcohol in this case and the relatively short driving distance of the defendant);

1. Article 62 (1) of the Criminal Act (Discretionary Considerations for Discretionary Mitigation);

1. It shall be decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;

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