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(영문) 의정부지방법원 고양지원 2018.07.19 2018고단1413
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

At around 06:03 on May 27, 2018, the Defendant, despite the suspension of the validity of a driver’s license, driven a B-e-car in the state of alcohol alcohol concentration of approximately 0.142% from the 500-meter section of alcohol during blood to the first apartment of the Goyang-gu, Goyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of alcohol, reporting on the situation of the driving driver, and the application of Acts and subordinate statutes to the ledger 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 the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on April 11, 2018 is that the Defendant again committed the instant crime because he/she did not have received a summary order due to a violation of traffic laws on the road on April 11, 2018. There are no circumstances to be considered in the circumstances leading up to the Defendant’s driving at the time of the instant crime, and the driving of drinking is a crime that may cause serious damage to another person’s life, body, or property, and that the pertinent punishment needs to be imposed is disadvantageous to the Defendant.

However, the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc. are favorable to the defendant.

In addition, the defendant's age, sex, family relationship, motive and background of the crime, circumstances after the crime, etc. of this case and various sentencing factors specified in the theory of changes shall be comprehensively considered, and the punishment shall be determined as ordered.

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