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(영문) 의정부지방법원 2017.09.07 2017고단3009
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 June 6, 2017, the Defendant driven a B c car with alcohol content of 0.104% in alcohol while under the influence of alcohol without obtaining a driver’s license from a section of about 50 meters from the front side of the GS convenience store (ridge) to the entrance road of the Tong-gu located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Report on the circumstances of driving without a license;

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

1. The punishment shall be determined by taking into account the circumstances under the grounds of sentencing under Article 62-2 of the Criminal Act, including the Defendant’s age, sex, environment, method and mode of committing a crime, and the circumstances before and after committing a crime, etc.

- A person not less than a serious reflect, or not less than a stay of execution, who is clear of social relationship, whose detention is accompanied by excessive difficulties for his dependants - A person who has been driving a large license without a drinking alcohol,

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