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(영문) 수원지방법원 평택지원 2018.06.15 2018고단12
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 December 10, 2017, the Defendant, at around 16:40, operated a bicycle with a alcohol level of 0.096% while under the influence of alcohol level of 0.096%, without obtaining a motor device license from the front of the mutual infinite manpower office located in the enclosed-dong in Ansan-si to the road front of the Dong-dong Office of 92mn-ro 1, 200 meters in the city, i.e., e., e., the Defendant, without obtaining a motor device license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. C’s statement;

1. Application of each statute on photographs;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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 62 (1) of the Criminal Act (The following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The confession, reflectivity, and the fact that there is no record of crimes exceeding the fine, etc. committed in the same kind of crime: The sentence to be sentenced, such as age, family relationship, and circumstances of crimes: 4 months of imprisonment, 2 years of suspended execution, and 2 years of order of surveillance or higher, shall be determined as per the disposition;

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