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(영문) 수원지방법원 여주지원 2016.01.15 2015고단882
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 13, 2015, at around 20:45, the Defendant driven a C Poter truck without obtaining a driver’s license in the state of alcohol concentration of about 1 km from the front of the Cyang Sea State in the Oral Sea, which was located in the Oral Sea, to the Paris Poter road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on a person who commits a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act, Article 32 and Article 59 of the Act on the Protection, Observation, etc. of Social Service Order are as follows: (a) the Defendant has been punished not less than eight times due to previous drinking, unlicensed driving, etc.; (b) disadvantageous circumstances, such as the fact that the Defendant has high alcohol level during the blood of this case; (c) the Defendant is aware of and against his criminal act; (d) favorable circumstances, such as the fact that the Defendant is bringing up two minor children after divorce; and (e) other favorable conditions, such as the Defendant’s age, family environment, means and consequence of the criminal act; and (e) circumstances after

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