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(영문) 수원지방법원 성남지원 2014.03.14 2014고단146
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On September 23, 2013, the Defendant, without obtaining a driver's license on September 23, 2013, driven a B car at approximately 4 km-dong 327-2 Han-gu, Gwangju City, a Gan-do parking lot in front of the Gan-ri, Gwangju City, a Gan-do, in the state of drinking of 0.148% of blood alcohol concentration without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to report the situation of driving without a license;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order shall be determined as follows: although the accused has been sentenced five times to a fine due to drinking or non-licensed driving, considering the fact that the accused is the time of committing a crime, and the accused is divided, and that he is not required to drive a drinking or non-licensed driving again, etc., the punishment shall be determined as ordered.

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