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(영문) 의정부지방법원 고양지원 2013.10.24 2013고단1430
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2013, the Defendant, without a car driver’s license, driven B K5 vehicle around 100 meters while under the influence of alcohol by about 0.259% at the front of the main point of the trade name, the “daydayday” located in the Geum-dong Geum-dong Geum-si, Geumju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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 the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the defendant committed a traffic accident due to drunk driving in around 2012 and repeated a drunk driving under the influence of a license even though he had the record of punishment. The drinking water measured at the time of detection was considerably high. However, the defendant has no past penalty record, there is no past penalty record, nor previous penalty record, nor is the prevention of recurrence by reflecting the fact of the crime, and the defendant's age, character and conduct, family environment, and circumstances leading to the crime shall be determined as above by comprehensively taking into account the defendant's age, character and behavior, family environment, etc.

It is so decided as per Disposition for the above reasons.

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