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(영문) 수원지방법원 평택지원 2018.06.21 2018고단8
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor 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 5, 2017, at around 21:34, the Defendant driven B Poter truck with alcohol content of about 15km from the front side of a restaurant in the trade name in Ansan-si to the front side of the same Jungdong Apartment apartment at the same time, with no driver's license, while under the influence of alcohol content of about 0.077% in the blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking and inquiries about the ledger of driver's licenses;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act, the choice of imprisonment, and the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to attend lectures, are subject to punishment for traffic-related crimes on several occasions, and the sentence of imprisonment is chosen and the execution thereof is suspended, but incidental measures, such as the observation of protection, shall be imposed to prevent recidivism.

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