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(영문) 의정부지방법원 2018.06.01 2018고단934
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On March 16, 2018, at around 14:02, the Defendant driven a 7km truck with approximately 0.052% alcohol content in blood without a driver’s license, while under the influence of alcohol, from the front day of the cultural welfare center located in the Nowon-gu, Gangwon-gu, Hawon-gun to the front day of the same Dognam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Education, and Article 69 of the Act on the Protection, etc. of Traffic at the Jung-gu District Court on Oct. 4, 2016, the defendant committed the instant crime, including the fact that he/she committed the instant crime, in which he/she received a fine of KRW 2 million in the form of a violation of Road Traffic Act (non-licenseed driving), three times of drinking driving, and that he/she again committed the instant crime even though he/she had the same criminal records of four times of driving without a license, etc., and that he/she recognized all of the instant crimes and reflects the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, etc.

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