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(영문) 의정부지방법원 2015.09.03 2015고단2061
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On May 25, 2015, at around 16:40, the Defendant driven B cargo vehicles at a section of about 5 km from the luminous Round market of both weeks to about 1-5 km, both sides of both weeks, without obtaining a driver’s license, while under the influence of alcohol content of 0.295%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances unfavorable to a person who has no criminal record of probation or higher: Driving under influence in 200, driving under influence in 2003, refusing to measure under influence of alcohol in 2007 and 2011, having the record of being punished by a fine for driving under influence of alcohol in 201, and having high blood alcohol concentration in 2014, etc.;

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