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(영문) 의정부지방법원 고양지원 2018.04.11 2018고단313
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

[criminal history] On November 29, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking) in the high-sea support on November 29, 2013, and a fine of KRW 4 million for the same crime in the same court on October 25, 2017.

[2] Around December 31, 2017, the Defendant driven, without a vehicle driver’s license, B car volume under the influence of alcohol 0.077% in blood while under the influence of alcohol 0.07%, from the front day of the Seoyang-gu Seoyang-gu So-dong, Seoyang-gu, Seoyang-gu to the front day of the Sungyang-gu, Seoyang-gu, Seoyang-gu, Sungyang-gu, Sungyang-gu, Sungyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. Reporting on detection (violation of the Traffic Act (non-licensed drinking));

1. The driver's license ledger;

1. Previous convictions: The application of inquiries about criminal history, and the application of Acts and subordinate statutes to reporting the previous convictions of each disposition (Attachment of judgment);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (Article 62 (1) of the Criminal Act on the following favorable occasions):

1. It is so decided as per Disposition by taking into account all the circumstances that the Defendant committed the instant crime, including the confession of and reflects on the crime for sentencing under Article 62-2 of the Criminal Act, circumstances favorable to the fact that the numerical value of drinking water is not high, the driving distance is not shorter, the Defendant again committed the instant crime even though three months have not passed since he was punished for driving alcohol, and other factors such as sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, etc.

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