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(영문) 의정부지방법원 2017.08.22 2017고단1068
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2017, the Defendant driven around 0.124% of alcohol while under the influence of alcohol during blood at around 22:30 on March 7, 2017, the Defendant driven approximately 3km BPoter Ⅱ in the vicinity of the entrance of the Gancheon-si University located in the same Sincheon-si University.

On July 18, 2017, 2017, the Defendant driven a 2 km B Poter II truck with approximately 2 km up to the distance front of the police box located within the 62 km along the village of the same Myeon on the road near the Jincheon-si, Gyeongcheon-si without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the detailed report on the circumstances of driving and the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, was 4 times the previous and nine times the previous and previous drivers of non-licenseed driving, and the defendant committed not only three times the previous and previous probation, but also repeated driving of the instant non-licenseed driving of the instant case during the trial due to drinking, despite the previous and previous convictions, and also committed a serious crime.

I would like to say.

However, the punishment shall be determined in consideration of the fact that the defendant is against the crime of this case, the health condition and environment of the defendant.

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