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(영문) 수원지방법원 2019.07.25 2019고단2893
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 21, 2019, at around 23:20, the Defendant driven a F Kan-gu car under the influence of alcohol concentration of 0.086% without obtaining a driving license from the front of the road in Suwon-si B, Suwon-si to the front of the E community service center located in Suwon-si, Suwon-si, Suwon-si, to approximately 150 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

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

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on March 27, 2002 of the Act on the Order to Provide community service and attend lectures does not violate the punishment for repeated driving without a license more than six times even though the driver's license was revoked on March 27, 2002, and the possibility of criticism is significant in that the Defendant conducted the pertinent driving without a license and without a license.

However, in light of the fact that the defendant recognized the crime of this case and divided his mistake, and other circumstances that are conditions for sentencing as shown in the records, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.

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