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(영문) 의정부지방법원 고양지원 2017.01.12 2016고단3035
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

[criminal history] On June 17, 2008, the Defendant issued a summary order of KRW 700,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

[2] On October 1, 2016, the Defendant driven a car with C Sspo-type without a driver’s license from a distance of about 5 km to the front road of the pleasure church in front of the pleasure church located in the same meal Dong-gu, Goyang-si, Goyang-si, Goyang-si under the influence of alcohol level of 0.104% among the blood transfusion around 22:32, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on driving without a license, inquiry into the results of crackdown on driving under drinking, the circumstantial report on the driver under driving, and the application of statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 48 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. Since 2008, the Defendant, with the reason for sentencing Article 62-2 of the Criminal Act, was driving the fourth drinking and driving the fourth unlicensed license for the instant crime.

However, there are no criminal records of the same kind that the defendant is against and has been punished beyond the fine.

With alcohol-related treatment, passenger cars were disposed of.

In addition, the sentencing conditions identified in the records of this case, such as the defendant's age, sex, health, and alcohol concentration in blood, shall be equally determined as ordered in consideration of all the sentencing conditions identified in the trial process.

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