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(영문) 의정부지방법원 2013.05.07 2013고단602
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 one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 3, 2013, the Defendant, while under the influence of alcohol content of 0.070% on blood alcohol content, was driving a BKan-kin car owned by the Defendant in the section of approximately 2 km from the front day of the frequency of a villa in the Egyp of Gangwon-gun, Gangwon-gun, Dongwon-gun, Dongwon-gun without a car driver’s license to the front day of the regrative steel products located in the Egyp of Gangwon-gun, Dongwon-gun, Dongwon-gun, Dongwon-gun

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act ( favorable circumstances among the reasons for sentencing) is that the Defendant, who was sentenced three times to a fine for the same kind of drinking or unlicensed driving for the last five years, once again commits the crime, etc., the Defendant is selected to be sentenced to imprisonment, but the Defendant appears to repent and reflect, taking into account the fact that the blood alcohol concentration in the instant case is not high.

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