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(영문) 의정부지방법원 고양지원 2018.08.17 2018고단1499
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2018, at around 05:00, the Defendant, at around 05:52, driven a B-hand car with alcohol content of 0.186% while under the influence of alcohol without a vehicle driver’s license, at around 5km in the section of around 05:52 of the Mapo-gu Seoul Metropolitan Government on the same day, and at around 05:52 of the same day, the Defendant driven a car with alcohol content of 0.186% under the influence of alcohol without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Inquiries about driver's license and the application of Acts and subordinate statutes reporting the situation of driver's license;

1. Article 148-2 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol concentration in the blood of this case; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence as ordered shall be determined.

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