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(영문) 의정부지방법원 고양지원 2017.08.30 2017고단2134
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 June 8, 2017, the Defendant driven at around 7-2, 200 meters from the 29-2-gil, Seo-gu, Seocheon-gu, Seocheon-gu to the 300-day road of the same Gu, the Defendant, without obtaining a driver’s license, driving B, under the influence of alcohol level of about 0.244% during blood while under the influence of alcohol level, without obtaining a driver’s license from around 600 meters during the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate 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 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant, in addition to the instant crime, has been punished for drinking driving twice more.

Nevertheless, the Defendant re-driving without a license under the influence of alcohol level exceeding 0.2% during blood.

In addition to the above points, the sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime, shall be considered, and the sentence shall be determined as per the order.

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