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(영문) 의정부지방법원 고양지원 2014.04.25 2014고단264

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 10, 2005, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act (driving), etc. on the grounds of a violation of the Road Traffic Act, and on February 5, 2009, the same court was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act. On August 29, 2012, the same court was issued a summary order of five million won for a violation of the Road Traffic Act (driving).

On January 3, 2014, at around 21:45, the Defendant driven C rocketing car without obtaining a driver’s license under the influence of alcohol concentration of approximately 0.179% in the 4km section from the 4km area of Pakistan-si, Pakistan-si to the front road of the Gasan-Eup in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Reading the register of driver's licenses and the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (refinites, such as copies of written judgments);

1. Relevant provisions of Article 148-2 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;