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(영문) 의정부지방법원 고양지원 2013.10.10 2013고단1395
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

At around 00:42 on July 23, 2013, the Defendant, without a car driver’s license, driven a B-learning car from around 2 km to the front road of Goyang-gu B-dong B-dong B-dong B-dong D-dong B-dong B-dong, Goyang-si, Goyang-si, the alcohol concentration of which was 0.092%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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 (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant's responsibility is heavy in light of the fact that he/she repeats the same kind of crime even though he/she had been discovered through drinking driving and driving without a license even before. However, the defendant reflects the fact of the crime, and there is no special criminal history for the last five years, and the defendant has no other record of crime for the latest five years, the degree of blood alcohol concentration at the time of detection, the background leading to the drunk driving, the age of the defendant, gender, intelligence, family environment, etc. shall be determined as above

It is so decided as per Disposition for the above reasons.

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