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(영문) 의정부지방법원 고양지원 2014.06.12 2013고단2104

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, while under the influence of alcohol level 0.070%, without a driver’s license, driven a car with approximately 1 km of approximately 1 km from the front of the Geum-dong Medical Center in the Geumju-dong, Geumju on Nov. 4, 2013 to the front road of the Jinju-do, Jinju-do, Jinju-do.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to the ledger of driver's licenses and registration reports on driving drivers;

1. Relevant Article 148-2 (2) 3 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime and Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor chosen;

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

5. The reason for sentencing under Article 62-2 of the Criminal Act is an unfavorable sentencing factor, such as the fact that the Defendant committed the instant crime even though he had the past record of being punished several times due to drunk driving or unlicensed driving, and that it is a crime that may cause a traffic accident and cause a serious injury to human and physical damage.

On the other hand, the fact that the defendant recognized all the facts charged in the instant case is considered a favorable sentencing factor.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.