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(영문) 의정부지방법원 고양지원 2017.05.31 2017고단695

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2017, the Defendant driven a Bsp motor vehicle without obtaining a driver’s license in the state of alcohol concentration of approximately 0.139% from approximately 150 meters in the direction of the blood village to the front road of about 02:15 on the day from the back of the day-to-day 10,000 in the direction of the day-to-day sound of around 02:12,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the station of revocation;

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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The Defendant’s reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is as follows: (a) it is not good that the Defendant, after committing a crime of drinking alcohol, was sentenced to a fine, went to drive the pertinent drinking or non-licensed driving.

However, the fact that the defendant does not have any other criminal records except once a fine is imposed by the defendant is considered.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.