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(영문) 의정부지방법원 고양지원 2018.12.12 2018고단2206
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 5, 2018, the Defendant driven a B-low distance for a passenger vehicle without a driver’s license, under the influence of alcohol with 0.205% alcohol concentration in the blood while under the influence of alcohol, from the Do near Etran Pungsan, which is located in U.S., Jung-gu, U.S., U.S., U.S. to the Matern-gu, U.S., U.S.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a violation of traffic laws (non-license or drinking driving) on roads;

1. Report on internal investigation (as to the entire situation related to drinking driving)

1. Statement report on the circumstances of a driver who is placed in driving, notification on the results of regulating drinking driving, and investigation report (report on the situation of the driver who is placed in driving);

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

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (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 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by taking into account the fact that there are once the records of punishment due to driving under the influence of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the higher drinking value, the confession of and reflects on the crime, the situation in which the defendant is faced, the age of the defendant, etc., as well as the sentencing conditions stipulated under Article 51 of the Criminal

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