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(영문) 의정부지방법원 고양지원 2017.01.06 2016고단3185
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On September 26, 2008, the Defendant issued each summary order of a fine of two million won for the same crime in the same court on July 22, 2016.

On October 8, 2016, the Defendant, without obtaining a license for a motor device bicycle, driven a set of 100 motor bicycle at approximately 200 meters from the front road of the mutual infinite-gu, Soyang-gu, Goyang-si, under the influence of alcohol level of 0.104%, to the road of about 5-15, Goyang-dong, 200 meters without obtaining a license for a motor device bicycle.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor device without obtaining a bicycle license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of driving at driving, inquiry into the results of regulating the driving of drinking, and the register of driver's licenses;

1. Engine device bicycle photograph;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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. According to Article 62(1) of the Criminal Act, for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, the following conditions of sentencing shall be comprehensively taken into account: (a) the defendant's records of punishment for drinking alcohol (4 times of punishment); (b) the type of driving vehicle; (c) the degree of alcohol value; (d) the degree of punishment exceeding the fine; and (e) the circumstances leading to the detection and detection of the crime; (c) the defendant's age, sex, environment

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