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(영문) 의정부지방법원 고양지원 2017.06.23 2017고단1249
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2017, the Defendant driven a vehicle with alcohol level of at least 0.160% while under the influence of alcohol level of at least 0.160%, without obtaining a driver's license, from the front side of the main apartment road located in the Geum-dong, Geumju-si, Geumju-si, Seoul, to the front side of the apartment complex, from around 200 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative imprisonment with prison labor (with the previous history of punishing a defendant for driving alcohol or refusing to take measurements of drinking, etc., taking into account the fact that he/she drives drinking while driving alcohol again);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The confession of the defendant, the fact that the defendant has no same record as or higher than that of the suspension of execution, the age, sex behavior, environment, etc. of the defendant);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;

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