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(영문) 의정부지방법원 2017.07.21 2017고단1763

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 March 26, 2017, the Defendant driven a B car with approximately 3 km section from the front of 102-1 to the road of peace in the same city, which was driven without the driver’s license, while under the influence of alcohol content of 0.240% in blood without the driver’s license, from March 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

1. Article 148-2 (2) 1 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 the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

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

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;