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(영문) 의정부지방법원 고양지원 2016.11.30 2016고단2520
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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

At around 22:40 on September 1, 2016, the Defendant driven B rocketing car under the influence of alcohol concentration of about 0.053% without obtaining a driver's license in the section of approximately 2km in front of the head office of the Shinyang-gu, Goyang-gu, Goyang-si, Goyang-si, Goyang-si, and the roads in front of the head office of the Shinyang-gu, Goyangyang-gu, 62 as the former map.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under influence of alcohol, inquiry into the results of the control of drinking driving, and application of the statutes to the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In full view of all the factors such as the confession of the defendant, the degree of alcohol level, the records of punishment for drunk driving (time of fines, July 1, 2016), the prior detection date and time gap between the immediately preceding detection date and the accident, and the family relation of the defendant, and other factors of sentencing such as the defendant's age, character and conduct, environment, occupation and experience, motive and circumstance of the crime, details of the crime, circumstances after the crime, etc., the sentence shall be determined as per the order.

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