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(영문) 의정부지방법원 고양지원 2015.08.13 2015고단1032
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 04:51 on April 8, 2015, the Defendant driven a Crane car with approximately 5km in front of the “Abamaur”, which is located in the Silsan-dong Dong-dong-dong-dong-dong-dong, Seoyang-si, Seoyang-si, Seoyang-si, from the front road of the “Abamaur”-dong 1575-4, Goyang-si, Seoyang-si, without obtaining a driver’s license, while under the influence of alcohol with approximately 0.120% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and driver's license inquiry;

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

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

1. Grounds for sentencing selective punishment of imprisonment with labor;

1. The scope of punishment by law: Imprisonment for six months and one year; and

2. Whether the sentencing criteria are applied: Smaller, and since the sentencing criteria have not been set or are commercial concurrent crimes.

3. Six months of imprisonment with prison labor for a decision of sentence (the sentence is inevitable, considering the fact that the defendant has a family member to support the defendant, such as a disabled person, even though the defendant committed the crime in this case during the period of suspension of execution due to the same crime, and is currently under suspension of execution, considering a number of criminal convictions of the defendant

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