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(영문) 의정부지방법원 고양지원 2015.03.26 2015고단394
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2015, at around 22:06, the Defendant driven Bone Star Vehicles with approximately 300 meters of alcohol alcohol level 0.239% while under the influence of alcohol level 0.239% without a vehicle driver’s license from the front of the “Samari” road in the legal principle of the Eup of the court in the Pakistan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the reporting on the situation of driving without a driver's license, the reporting on the situation of driving without a driver's license, the inquiry of driver's license, and the control

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had been sentenced to a fine of three million won due to drinking driving on April 9, 2014, and one year has not passed since he/she again committed the instant crime, which is disadvantageous to the Defendant, such as the fact that he/she again committed the instant crime, the fact that he/she was divided his/her mistake, and that he/she has no record of criminal punishment exceeding a fine, etc., by taking account of the circumstances favorable to the Defendant, such as the fact that he/she had no record

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