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(영문) 의정부지방법원 2018.04.04 2018고단179
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 20, 201, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 1,50,00,00 as a fine for the same crime on January 8, 201, from the Liwon Giwon Giwon Giwon Giwon Giwon Gi

On December 9, 2017, the Defendant, at around 20:17, driven a car without obtaining a driver’s license from a section of about 4 km from the front of the Defendant’s residence in Namyang-si B to the front of the Dong-gu, Dong-gu, 238, Dong-gu, Dong-gu, 238, dong-gu, and driving a car under the influence of alcohol concentration of 0.072% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving of alcohol, reporting on the situation of driving without a license, the vehicle driver's license ledger, and response to requests for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of power, etc.);

1. Article 148-2 (1) 1, 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 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. Prior to the reason for sentencing under Article 62(1) of the Criminal Act, the Defendant has a record of having been punished several times for the same crime of drinking and driving without a license.

The fact that alcohol concentration among bloods at the time of the defendant's crime is low enough to meet a little standard of regulation (the result of the first respiratory measurement was 0.051%) shall be considered in light of the circumstances favorable to the defendant.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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