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(영문) 의정부지방법원 고양지원 2019.02.19 2018고단2511
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 October 6, 2018, at around 22:43, the Defendant, while under the influence of alcohol 0.123% of the blood alcohol concentration without obtaining a driver’s license in the 1km section from the roads adjacent to the Seoul Metropolitan City B market to the roads adjacent to the literature library located in the same Eup.

Summary of Evidence

1. The defendant's legal statement 1. The defendant's oral statement;

1. Report on the circumstances of unregistered driving and application of the Act and subordinate statutes to the ledger of driver's licenses;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or community service order has two times the punishment history of the violation of the Road Traffic Act, and again commits the crime of this case, taking into account the following factors: the blood alcohol concentration of this case, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., and all of the sentencing conditions specified in the records and trial process of this case, including the circumstances after the crime, etc.

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