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(영문) 의정부지방법원 2018.04.18 2018고단452
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 January 28, 2018, the Defendant driven B food cars with approximately 150 meters alcohol content 0.061% while under the influence of alcohol without a driver’s license from the front of the Hanyang University Hospital to the 254th road in the same city-do, Hanyang University Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, 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. The defendant has a record of having been punished several times for the same crime even before sentencing of Article 62(1) of the Criminal Act is rendered.

In particular, in 2005, the same crime has been committed even though the suspended sentence was sentenced.

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 defendant's age, environment, criminal records, and alcohol concentration (0.061%) in the blood, the punishment as ordered shall be determined.

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