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(영문) 의정부지방법원 고양지원 2017.11.24 2017고단3065
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 23, 2017, the Defendant driven a B car with alcohol content of about 0.100% at a distance of about 5km from around the restaurant near the restaurant that is located in the Dongsan-dong, U.S. to the front of the shooting distance of U.S. under the same jurisdiction of U.S., the Defendant driven a B car without a driver’s license, in the direction of about 5km from around September 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the register of driver's licenses);

1. Article 148-2 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include not only the instant crime but also the records of being sentenced to a fine for drinking driving in 2001, 2004, 2012, a fine for driving without a license in 2013, a fine for driving without a license in 2013, and a suspended sentence for driving vehicles in 2015.

Nevertheless, the driver re-driving without any special reason.

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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