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(영문) 의정부지방법원 고양지원 2013.05.29 2013고단535
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

At around 22:10 on April 12, 2013, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.083% without a driver’s license in the section of about 800 meters from the front of the restaurant of the “cellurine” cafeteria, Seoyang-gu, Seoyang-gu, Seoyang-si to the front road of the 948-gu, Seodong-dong, Seoyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

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

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

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

1. Selection of imprisonment with prison labor as a matter of choice (the crime committed on the part of a defendant who was sentenced to a fine or imprisonment with prison labor for four times due to drinking driving) and other circumstances discovered through drinking driving on January 18, 2013;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the defendant repents his wrong, the fact that the above drinking power was a crime before 2005, and other overall circumstances such as the age, occupation and family environment of the defendant) or more.

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