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(영문) 의정부지방법원 고양지원 2018.02.22 2017고단3925
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.246% while under the influence of alcohol without obtaining a driver’s license from around 14:40 on the 19th anniversary of the Papju City to the ancient-si unification, Goyang-gu, Goyangyang-si, and up to the front road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, such as the defendant's records of punishment for drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the amount of alcohol concentration in the blood of this case, the circumstances of drinking driving, distance, etc.;

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