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(영문) 의정부지방법원 2018.06.27 2018고단1833
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 28, 2018, the Defendant, without a driver’s license of a motor vehicle around 10:00, driven a Grand Ban-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-kin-knin-kin-kin-kin-kin-kin-kin-kin

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a driver's license;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, was sentenced to a fine for driving under the influence of alcohol on November 201, 2016 and was subject to a new fine on December 2017 when his/her driver’s license was revoked, and again, committed the instant crime of driving under the influence of alcohol 0.168% during blood transfusion or without obtaining a license.

In light of such criminal history and blood alcohol concentration, there is a high possibility of criticism.

Provided, That the fact that there are children, etc. who should be supported by the defendant shall be considered as favorable circumstances.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, the punishment as ordered shall be determined.

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