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(영문) 의정부지방법원 고양지원 2013.10.10 2013고단1375
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2013, at around 00:35, the Defendant, without a driver’s license, driven B Poter freight cars near the road near the intersection of the Dan-do, in the state of alcohol content of 0.154%, while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 2, 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 of the Road Traffic Act and Articles 152 and 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. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., are repeated in the same kind of crime, even though the defendant had been discovered through drinking driving and driving without a license. Thus, the defendant's responsibility is heavy. However, the defendant is against the facts of the crime, and there is no record of the crime heavier than a fine, and the defendant's age, gender, intelligence, etc. are considered.

It is so decided as per Disposition for the above reasons.

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