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(영문) 의정부지방법원 고양지원 2016.03.23 2015고단1758
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2015, the Defendant driven a C Poter truck without obtaining a driver’s license from around 18:40 on the road near Papju (Seoul), to the 3km section of approximately 0.338% alcohol concentration in blood, from the 3km section of approximately 0.338% from the road near Papju (Seoul), in front of the same lux, to the luxal lux.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The circumstantial report of the driver who takes the main place;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning criminal facts, Articles 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of a motor vehicle under heavier influence as stated in the judgment heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution are as follows: (a) the Defendant was engaged in driving without obtaining a license or driving without driving in a state of drinking alcohol level exceeding 0.3% in blood transfusion.

More than one point, the defendant was detained for a certain period, and the sentencing conditions, such as the age, sex, environment, and circumstances after the crime, shall be determined in accordance with the order.

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