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(영문) 의정부지방법원 고양지원 2012.12.28 2012고합386

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 28, 2008, the Defendant was issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (driving on a drinking), and KRW 5 million as a fine for a violation of the Road Traffic Act (driving on a August 29, 2012) from the Goyang Branch Branch of the Jung-gu District Court in the Goyang Branch of the Goyang Branch of the 200,000 won.

On September 16, 2012, around 02:10 on September 16, 2012, the Defendant driven an E-high-est car with a blood alcohol concentration of 0.128% under the influence of alcohol without obtaining a driver’s license from the front day of the "C" heading in the public security center of the Pakistan Police Station, which is located in the Guideri, to the front day of the D pharmacy.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the report on the actual state of the drinking driver, and the report on detection of the drinking driver;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to report criminal records, US records, and results of confirmation;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the forward consideration shall be repeatedly given in favor of the former);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;