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(영문) 의정부지방법원 고양지원 2017.06.02 2017고단55

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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 December 18, 2016, the Defendant driven a bicycle with approximately 300 meters of alcohol in C from the section of approximately 300 meters of alcohol to the front of the convenience store of “GS25” in the same way, without a motor device bicycle license, under the influence of alcohol content of 0.106% among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of statutes governing the driver's license register and the report on the use of two-wheeled motor vehicles;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

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

1. Selection of an alternative imprisonment with prison labor (the defendant has been punished several times due to drinking driving or driving without a license, but also leads to the instant crime);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant is led, that the defendant is a motor device or bicycle rider, and that the defendant has no record of the same punishment as the suspended execution

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;