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(영문) 의정부지방법원 고양지원 2017.06.09 2017고단642

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2017, at around 21:40, the Defendant driven a “gram gram” restaurant located in 10, Ulsan-gu, Ulsan-gu, 10, through a 27-ro-ro, in the middlewest-gu, Ulsan-gu, the Defendant, without obtaining a driver’s license from the section of approximately 100 meters from the vehicle’s license to the “injection” road in the middlewest-gu, Ulsan-gu, Ulsan-gu, the Defendant driven a motor vehicle with Dial alcohol concentration of about 0.082% 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 alcohol;

1. The application of Acts and subordinate statutes to the driver's license ledger;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in addition to the instant crime, has been punished for drinking driving twice more.

Nevertheless, the Defendant was driving the instant drinking or non-licensed driving at another time.

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.