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(영문) 의정부지방법원 고양지원 2018.09.04 2018고단733
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 February 9, 2018, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law (driving), etc. in the Gyeyang Branch of the Jung-gu District Court on February 9, 2018. On November 24, 2017, the Defendant was sentenced to a fine of KRW 5 million due to a violation of road traffic law (driving) in the Goyang Branch of the Jung-gu District Court on November 24, 2017.

[2] On March 21, 2018, at around 23:15, the Defendant driven a B-wing truck with alcohol content of 0.159% under the influence of alcohol during blood without obtaining a driver’s license from the section of about 500 meters in the direction of the road in front of the Bai-si, Yari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si, Pari-si.

Summary of Evidence

1. The defendant's oral statement; 1. The defendant's oral statement;

1. Report on the circumstances of driving without a license, driving license ledger, making inquiries into the tea, and making inquiries into the mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, text of the judgment, and text of the summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of the following circumstances: (a) the Defendant’s records of the same punishment for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the amount of alcohol content in the blood of this case; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the sentencing specified in the instant records and the trial process, including the circumstances after the crime, the sentence as ordered

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